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soon as possible, but no later than of, the permit imprint indicia or meter ENVIRONMENTAL PROTECTION September 30, 2008: stamp or impression). Optionally, the AGENCY • Destination Entry—‘‘Parcel Select.’’ basic required marking may be printed • BMC—‘‘Parcel Select BMC Presort’’ on the shipping address label as service 40 CFR Part 180 or ‘‘Parcel Select BMC PRSRT’’ indicators composed of a service icon [EPA–HQ–OPP–2007–1170; FRL–8362–1] • OBMC Presort (Inter-BMC)—‘‘Parcel and service banner (see Exhibit 2.2.1): Select OBMC Presort’’ or ‘‘Parcel Select a. The service icon that identifies the Benfluralin, Carbaryl, Diazinon, OBMC PRSRT’’. Dicrotophos, Fluometuron, • marking will be a 1-inch solid black Barcoded Intra-BMC and Barcoded square. If the service icon is used, it Formetanate Hydrochloride, Inter-BMC—‘‘Parcel Select Barcoded’’ or must appear in the upper left corner of Glyphosate, Metolachlor, ‘‘Parcel Select BC’’. the shipping label. Napropamide, Norflurazon, Pyrazon, Although we are exempt from the b. The service banner must appear and Tau-Fluvalinate; Proposed notice and comment requirements of the directly below the postage payment area Tolerance Actions Administrative Procedure Act [5 U.S.C. and the service icon, and it must extend of 553(b), (c)] regarding proposed AGENCY: Environmental Protection across the shipping label. If the service rulemaking by 39 U.S.C. 410(a), we Agency (EPA). banner is used, the appropriate subclass invite public comments on the ACTION: Proposed rule. marking (e.g., ‘‘PARCEL SELECT’’, following proposed revisions to Mailing ‘‘MEDIA MAIL’’) must be preceded by SUMMARY: EPA is proposing to revoke Standards of the United States Postal the text ‘‘USPS’’ and must be printed in certain tolerances for the herbicides Service, Domestic Mail Manual (DMM), minimum 20-point bold sans serif benfluralin and napropamide and the incorporated by reference in the Code of typeface, uppercase letters, centered insecticides carbaryl and diazinon. Federal Regulations. See 39 CFR 111.1. within the banner, and bordered above Also, EPA is proposing to modify List of Subjects in 39 CFR Part 111 and below by minimum 1-point certain tolerances for the herbicides 1 Administrative practice and separator lines. There must be a ⁄16- fluometuron, glyphosate, norflurazon, procedure, Postal Service. inch clearance above and below the text. and pyrazon and the insecticides [Revise the heading of Exhibit 2.2.1 carbaryl, diazinon, dicrotophos, Accordingly, 39 CFR part 111 is formetanate hydrochloride, and tau- proposed to be amended as follows: from Package Services Indicator Examples to ‘‘Marking Indicator fluvalinate. In addition, EPA is PART 111—[AMENDED] Examples’’ as follows:] proposing to establish new tolerances for the herbicides fluometuron, 1. The authority citation for 39 CFR Exhibit 2.2.1 Marking Indicator glyphosate, metolachlor, and pyrazon part 111 continues to read as follows: Examples and the insecticides carbaryl and Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, [Revise Exhibit 2.2.1 by replacing formetanate hydrochloride. The 401, 403, 404, 414, 416, 3001–3011, 3201– ‘‘USPS PARCEL POST’’ with ‘‘USPS regulatory actions proposed in this 3219, 3403–3406, 3621, 3622, 3626, 3632, PARCEL SELECT’’.] document are in follow-up to the 3633, and 5001. [Delete 2.2.2 and renumber current Agency’s reregistration program under 2. Revise the following sections of 2.2.3 through 2.2.6 as 2.2.2 through the Federal Insecticide, Fungicide, and Mailing Standards of the United States 2.2.5 and revise the heading of new Rodenticide Act (FIFRA), and tolerance Postal Service, Domestic Mail Manual 2.2.2 as follows:] reassessment program under the Federal (DMM), as follows: Food, Drug, and Cosmetic Act (FFDCA) 2.2.2 Parcel Select Markings section 408(q). * * * * * [Revise the text in 2.2.2 as follows:] DATES: Comments must be received on Mailing Standards of the United States Each piece in a Parcel Select mailing or before July 21, 2008. Postal Service, Domestic Mail Manual must bear a price marking. Markings ADDRESSES: Submit your comments, (DMM) must appear in either the postage area identified by docket identification (ID) * * * * * described in 2.2.1 or in the address area number EPA–HQ–OPP–2007–1170, by one of the following methods: 400 Commercial Parcels on the line directly above or two lines • above the address if the marking Federal eRulemaking Portal: http:// * * * * * appears alone (i.e., if no other www.regulations.gov. Follow the on-line information appears on that line). One instructions for submitting comments. 402 Elements on the Face of a • Mail: Office of Pesticide Programs Mailpiece of the following product markings will be required: (OPP) Regulatory Public Docket (7502P), 2.0 Placement and Content Markings Environmental Protection Agency, 1200 a. Destination Entry—‘‘Parcel Select’’. Pennsylvania Ave., NW., Washington, * * * * * b. BMC—‘‘Parcel Select BMC Presort’’ DC 20460–0001. 2.2 Parcel Select, Bound Printed or ‘‘Parcel Select BMC PRSRT’’. • Delivery: OPP Regulatory Public Matter, Media Mail, and Library Mail c. OBMC Presort (Inter-BMC)— Docket (7502P), Environmental Markings ‘‘Parcel Select OBMC Presort’’ or Protection Agency, Rm. S–4400, One ‘‘Parcel Select OBMC PRSRT’’. Potomac Yard (South Bldg.), 2777 S. 2.2.1 Basic Markings d. Barcoded Intra-BMC and Barcoded Crystal Dr., Arlington, VA. Deliveries [Revise the text of 2.2.1 as follows:] Inter-BMC—‘‘Parcel Select Barcoded’’ or are only accepted during the Docket’s * * * * * ‘‘Parcel Select BC’’. normal hours of operation (8:30 a.m. to The basic required marking (see 2.2.2) * * * * * 4 p.m., Monday through Friday, must be printed on each piece claimed excluding legal holidays). Special at the respective price. The basic Neva R. Watson, arrangements should be made for required marking must be placed in the Attorney, Legislative. deliveries of boxed information. The postage area (i.e., printed or produced as [FR Doc. E8–11210 Filed 5–20–08; 8:45 am] Docket Facility telephone number is part of, or directly below or to the left BILLING CODE 7710–12–P (703) 305–5805.

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Instructions: Direct your comments to holidays. The Docket Facility telephone accordance with procedures set forth in docket ID number EPA–HQ–OPP–2007– number is (703) 305–5805. 40 CFR part 2. 1170. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: Jane 2. Tips for preparing your comments. received will be included in the docket Smith, Special Review and When submitting comments, remember without change and may be made Reregistration Division (7508P), Office to: available on-line at http:// of Pesticide Programs, Environmental i. Identify the document by docket ID www.regulations.gov, including any Protection Agency, 1200 Pennsylvania number and other identifying personal information provided, unless Ave, NW., Washington, DC 20460–0001; information (subject heading, Federal the comment includes information telephone number: (703) 308–0048; e- Register date and page number). ii. Follow directions. The Agency may claimed to be Confidential Business mail address: [email protected]. Information (CBI) or other information ask you to respond to specific questions SUPPLEMENTARY INFORMATION: whose disclosure is restricted by statute. or organize comments by referencing a Do not submit information that you I. General Information Code of Federal Regulations (CFR) part consider to be CBI or otherwise or section number. A. Does this Action Apply to Me? protected through regulations.gov or e- iii. Explain why you agree or disagree; mail. The regulations.gov website is an You may be potentially affected by suggest alternatives and substitute ‘‘anonymous access’’ system, which this action if you are an agricultural language for your requested changes. means EPA will not know your identity producer, food manufacturer, or iv. Describe any assumptions and or contact information unless you pesticide manufacturer. Potentially provide any technical information and/ provide it in the body of your comment. affected entities may include, but are or data that you used. If you send an e-mail comment directly not limited to: v. If you estimate potential costs or to EPA without going through • Crop production (NAICS code 111). burdens, explain how you arrived at your estimate in sufficient detail to regulations.gov, your e-mail address • Animal production (NAICS code will be automatically captured and allow for it to be reproduced. 112). vi. Provide specific examples to included as part of the comment that is • Food manufacturing (NAICS code illustrate your concerns and suggest placed in the docket and made available 311). alternatives. on the Internet. If you submit an • Pesticide manufacturing (NAICS vii. Explain your views as clearly as electronic comment, EPA recommends code 32532). possible, avoiding the use of profanity that you include your name and other This listing is not intended to be or personal threats. contact information in the body of your exhaustive, but rather provides a guide viii. Make sure to submit your comment and with any disk or CD-ROM for readers regarding entities likely to be comments by the comment period you submit. If EPA cannot read your affected by this action. Other types of deadline identified. comment due to technical difficulties entities not listed in this unit could also and cannot contact you for clarification, be affected. The North American C. What Can I do if I Wish the Agency EPA may not be able to consider your Industrial Classification System to Maintain a Tolerance that the Agency comment. Electronic files should avoid (NAICS) codes have been provided to Proposes to Revoke? the use of special characters, any form assist you and others in determining This proposed rule provides a of encryption, and be free of any defects whether this action might apply to comment period of 60 days for any or viruses. certain entities. To determine whether person to state an interest in retaining Docket: All documents in the docket you or your business may be affected by a tolerance proposed for revocation. If are listed in the docket index available this action, you should carefully EPA receives a comment within the 60– in regulations.gov. To access the examine the applicability provisions in day period to that effect, EPA will not electronic docket, go to http:// Unit II.A. If you have any questions proceed to revoke the tolerance www.regulations.gov, select ‘‘Advanced regarding the applicability of this action immediately. However, EPA will take Search,’’ then ‘‘Docket Search.’’ Insert to a particular entity, consult the person steps to ensure the submission of any the docket ID number where indicated listed under FOR FURTHER INFORMATION needed supporting data and will issue and select the ‘‘Submit’’ button. Follow CONTACT. an order in the Federal Register under the instructions on the regulations.gov FFDCA section 408(f), if needed. The B. What Should I Consider as I Prepare website to view the docket index or order would specify data needed and My Comments for EPA? access available documents. Although the timeframes for its submission, and listed in the index, some information is 1. Submitting CBI. Do not submit this would require that within 90 days some not publicly available, e.g., CBI or other information to EPA through person or persons notify EPA that they information whose disclosure is regulations.gov or e-mail. Clearly mark will submit the data. If the data are not restricted by statute. Certain other the part or all of the information that submitted as required in the order, EPA material, such as copyrighted material, you claim to be CBI. For CBI will take appropriate action under is not placed on the Internet and will be information in a disk or CD-ROM that FFDCA. publicly available only in hard copy you mail to EPA, mark the outside of the EPA issues a final rule after form. Publicly available docket disk or CD-ROM as CBI and then considering comments that are materials are available either in the identify electronically within the disk or submitted in response to this proposed electronic docket at http:// CD-ROM the specific information that is rule. In addition to submitting www.regulations.gov, or, if only claimed as CBI. In addition to one comments in response to this proposal, available in hard copy, at the OPP complete version of the comment that you may also submit an objection at the Regulatory Public Docket in Rm. S– includes information claimed as CBI, a time of the final rule. If you fail to file 4400, One Potomac Yard (South Bldg.), copy of the comment that does not an objection to the final rule within the 2777 S. Crystal Dr., Arlington, VA. The contain the information claimed as CBI time period specified, you will have hours of operation of this Docket must be submitted for inclusion in the waived the right to raise any issues Facility are from 8:30 a.m. to 4 p.m., public docket. Information so marked resolved in the final rule. After the Monday through Friday, excluding legal will not be disclosed except in specified time, issues resolved in the

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final rule cannot be raised again in any slightly above the maximum residue modified, are safe; i.e., that there is a subsequent proceedings. found in such studies, provided that the reasonable certainty that no harm will tolerance is safe. The evaluation of result to infants and children from II. Background whether a tolerance is safe is a separate aggregate exposure to the pesticide A. What Action is the Agency Taking? inquiry. EPA recommends the raising of chemical residues, in accordance with EPA is proposing to revoke, modify, a tolerance when data show that: FFDCA section 408(b)(2)(C). (Note that 1. Lawful use (sometimes through a and establish specific tolerances for changes to tolerance nomenclature do label change) may result in a higher residues of the herbicides benfluralin, not constitute modifications of residue level on the commodity. tolerances). These findings are fluometuron, glyphosate, metolachlor, 2. The tolerance remains safe, napropamide, norflurazon, and pyrazon; discussed in detail in each RED or notwithstanding increased residue level TRED. The references are available for and the insecticides carbaryl, diazinon, allowed under the tolerance. dicrotophos, formetanate hydrochloride, inspection as described in this In REDs, Chapter IV on ‘‘Risk document under SUPPLEMENTARY and tau-fluvalinate in or on management, Reregistration, and INFORMATION. commodities listed in the regulatory Tolerance reassessment’’ typically In addition, EPA is proposing to text. describes the regulatory position, FQPA revoke certain specific tolerances EPA is proposing these tolerance assessment, cumulative safety because either they are no longer actions to implement the tolerance determination, determination of safety needed or are associated with food uses recommendations made during the for U.S. general population, and safety that are no longer registered under reregistration and tolerance for infants and children. In particular, FIFRA. Those instances where reassessment processes (including the human health risk assessment registrations were canceled were follow-up on canceled or additional document which supports the RED because the registrant failed to pay the uses of pesticides). As part of these describes risk exposure estimates and required maintenance fee and/or the processes, EPA is required to determine whether the Agency has concerns. In registrant voluntarily requested whether each of the amended tolerances TREDs, the Agency discusses its cancellation of one or more registered meets the safety standard of FFDCA. evaluation of the dietary risk associated uses of the pesticide. It is EPA’s general The safety finding determination of with the active ingredient and whether practice to propose revocation of those ‘‘reasonable certainty of no harm’’ is it can determine that there is a tolerances for residues of pesticide discussed in detail in each reasonable certainty (with appropriate active ingredients on crop uses for Reregistration Eligibility Decision (RED) mitigation) that no harm to any which there are no active registrations and Report of the Food Quality population subgroup will result from under FIFRA, unless any person in Protection Act (FQPA) Tolerance aggregate exposure. EPA also seeks to comments on the proposal indicates a Reassessment Progress and Risk harmonize tolerances with international need for the tolerance to cover residues Management Decision (TRED) for the standards set by the Codex Alimentarius in or on imported commodities or active ingredient. REDs and TREDs Commission, as described in Unit III. legally treated domestic commodities. recommend the implementation of Explanations for proposed 1. Benfluralin. The use of benfluralin certain tolerance actions, including modifications in tolerances can be on peanuts was voluntarily canceled on modifications to reflect current use found in the RED and TRED document June 25, 2003 (68 FR 37811)(FRL–7312– patterns, meet safety findings, and and in more detail in the Residue 5); therefore, the Agency has determined change commodity names and Chemistry Chapter document which that the tolerance on peanuts should be groupings in accordance with new EPA supports the RED and TRED. Copies of revoked. The Agency is also revising policy. Printed copies of many REDs the Residue Chemistry Chapter commodity terminology to conform to and TREDs may be obtained from EPA’s documents are found in the current practice by removing the ‘‘N’’ National Service Center for Administrative Record electronically. for negligible residues associated with Environmental Publications (EPA/ Electronic copies are available through the tolerances and changing the heading NSCEP), P.O. Box 42419, Cincinnati, EPA’s electronic public docket and in 40 CFR 180.208 to the common OH 45242–2419, telephone number: 1– comment system, regulations.gov at chemical name, benfluralin. Therefore, 800–490–9198; fax number: 1–513–489– http://www.regulations.gov. You may EPA proposes revoking the tolerance in 8695; Internet at http://www.epa.gov/ search for docket ID number EPA–HQ– 40 CFR 180.208(a) for residues of ncepihom and from the National OPP–2007–1170 and/or Benfluralin benfluralin (N-Butyl-N-ethyl-aaa- Technical Information Service (NTIS), (EPA–HQ–OPP–2004–0210), trifluoro-2,6-dinitro-p-toluidine) in/on 5285 Port Royal Rd., Springfield, VA Fluometuron (EPA–HQ–OPP–2004– peanuts at 0.05(N); deleting the ‘‘(N)’’ 22161, telephone number: 1–800–553– 0372), Formetanate Hydrochloride for all the tolerance entries; and 6847 or (703) 605–6000; Internet at (EPA–HQ–OPP–2004–0032), changing the heading in 40 CFR 180.208 http://www.ntis.gov. Electronic copies of Metolachlor (EPA–HQ–OPP–2007– to benfluralin. REDs and TREDs are available on the 0045), Napropamide (EPA–HQ–OPP– Currently, there are no Codex MRLs Internet http://www.epa.gov/pesticides/ 2004–0162), Pyrazon (EPA–HQ–OPP– in place for benfluralin. reregistration/status.htm for benfluralin, 2004–0381), and Tau-Fluvalinate (EPA– 2. Carbaryl. Currently tolerances on carbaryl, diazinon, dicrotophos, HQ–OPP–2005–0230) then click on that raw agricultural food commodities are fluometuron, formetanate docket ID number to view its contents. established for residues of carbaryl, hydrochloride, glyphosate, metolachlor, EPA has determined that the aggregate including its hydrolysis product 1- napropamide, norflurazon, pyrazon, and exposures and risks are not of concern naphthol calculated as 1-naphthyl N- tau-fluvalinate. for the pesticide active ingredients methylcarbamate. The Agency has The selection of an individual mentioned in this unit based upon the determined that the hydrolysis product, tolerance level is based on crop field data identified in the RED or TRED 1-naphthol calculated as 1-naphthyl N- residue studies designed to produce the which lists the submitted studies that methylcarbamate does not contribute maximum residues under the existing or the Agency found acceptable. significantly to the residues and has proposed product label. Generally, the EPA has found that the tolerances that considerably less potential as a level selected for a tolerance is a value are proposed in this document to be cholinesterase inhibitor; therefore, the

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residue of concern for plants should be on individual commodities should be cowpea hay and field pea vines; the the parent compound, carbaryl, only. reassigned as crop group/subgroup Agency determined the tolerance should Additionally, the Agency determined tolerances because the Agency has the be decreased to 60 ppm on vegetable, that the regulated residues of concern field trial residue data and/or tolerances foliage of legume, group 7 replacing the in/on livestock (meat and milk) should in place for the representative individual tolerances. Based on be expanded to also include the free and commodities required to establish the available field trial data that indicate conjugated residues of carbaryl: 5,6- corresponding crop group tolerances. residues of carbaryl do not exceed 3 dihydro-5,6-dihydroxy carbaryl, and 5- Specifically, based on available field ppm in/on cucumber, melon, pumpkin, methoxy-6-hydroxy carbaryl. trial data that indicate residues of summer squash, and winter squash; the Consequently, 40 CFR 180.169(a)(3) and carbaryl do not exceed 0.1 ppm in/on Agency determined that the tolerance (a)(4) are not required. Therefore, EPA almonds, chestnuts, hazelnuts, and should be decreased to 3 ppm on proposes revising the tolerance pecans, the Agency determined that the vegetable, cucurbit, group 9 replacing expressions for raw agricultural tolerance should be decreased to 0.1 the individual tolerances. Based on commodities in 40 CFR 180.169(a)(1) to ppm in/on nut, tree group 14, except available field trial data that indicate regulate residues of the insecticide walnuts replacing the individual residues of carbaryl do not exceed 3 carbaryl (1-naphthyl N- tolerances. Based on available field trial ppm in/on celery and Swiss chard; the methylcarbamate) and revising the data that indicate residues of carbaryl Agency determined that the tolerance tolerance expressions for livestock (meat do not exceed 2 ppm in/on the roots of should be decreased to 3 ppm on leaf and milk) in 40 CFR 180.169(a)(2) to garden beet, carrot, horseradish, petioles subgroup 4B replacing the regulate the residues of the insecticide parsnip, radish, rutabaga, and salsify, individual tolerances. Therefore, EPA carbaryl (1-naphthyl N- the Agency determined that the proposes decreasing and revising methylcarbamate) including its tolerance should be decreased to 2 ppm tolerances in 180.169(a)(1) as proposed metabolites 1-naphthol (naphthyl- in/on vegetable, root and tuber, group 1, for carbaryl residues of concern in /on sulfate), 5,6-dihydrodihydroxycarbaryl except sugar beet and sweet potato ‘‘bean and lentil, seed from 10 ppm and and 5,6-dihydrodihydroxy naphthol, replacing the individual tolerances. cowpea from 5 ppm to pea and bean, calculated as 1-naphthyl N- Based on available field trial data that dried shelled, except soybean, subgroup methylcarbamate and the free and indicate residues of carbaryl do not 6C at 1.0 ppm;’’ cowpea, forage; cowpea, conjugated residues of carbaryl: 5.6- exceed 3 ppm in/on blueberry, the hay; and pea, field, vines from 100 ppm dihydro-5,6-dihydroxy carbaryl, and 5- Agency determined that tolerance to vegetable, foliage of legume, group 7 methoxy-6-hydroxy carbaryl; should be decreased to 3 ppm in/on at 60 ppm: cucumber; melon; pumpkin; transferring the tolerances in 40 CFR bushberry subgroup 13-07B replacing squash, summer; and squash, winter 180.169(a)(3) to 40 CFR 180.169(a)(2); the individual tolerance. Based on from 10 ppm to vegetable, cucurbit, transfering tolerances in 40 CFR available field trial data that indicate group 9 at 3 ppm; and celery from 10 180.169(a)(4) to 40 CFR 180.169(a)(1) residues of carbaryl do not exceed 5 ppm and Swiss chard from 12 ppm to and removing 40 CFR 180.169(a)(3) and ppm in/on eggplant, tomatoes and leaf petioles subgroup 4B at 3 ppm. (a)(4). peppers, the Agency determined that Based on available field trial data that Based on the available field trial data tolerance should be decreased to 5 ppm and food processing that indicate indicate residues of carbaryl as high as in/on vegetable, fruiting, group 8 75 ppm on the tops/greens of garden residues of carbaryl are as high as 10.6 replacing the individual tolerances. ppm in/on apple wet pomace (in which beets, salsify and turnips; the Agency Therefore, EPA proposes decreasing and residues concentrate at 1.3x), 9.55 ppm determined that the tolerance should be revising the individual tolerances to in/on aspirated grain fractions (7.4x), increased to 75 ppm in/on vegetable, crop group tolerances in newly revised 8.09 ppm in/on citrus oil (2.4x), 7.94 leaves of root and tuber, group 2, except 40 CFR 180.169 (a)(1) for residues of the ppm in/on raisins (1.4x), and 11 ppm sugar beet tops replacing the individual insecticide carbaryl in/on ‘‘almond, rice hulls (2.4x), the Agency has tolerances. Based on available field trial chestnut, hazelnut, and pecan from 1 determined tolerances should be data that indicate residues of carbaryl as ppm to nut, tree group 14, except established in/on apple, wet pomace at high at 2 ppm in/on on potatoes, the walnut at 0.1 ppm’’; ‘‘beet, garden, 15 ppm; grain, aspirated fractions at 70 Agency has determined the tolerance roots; carrot, roots; parsnip; radish; ppm; citrus, oil at 20 ppm; grape, raisin should be increased to 2 ppm in/on at 12 ppm; and rice, hulls at 30 ppm. rutabaga; salsify, roots; and turnip, roots vegetable, root and tuber, group 1, Based on the available field trial data from 5 ppm, and horseradish from 10 except sugar beet and sweet potato that indicate residues of carbaryl are as ppm to vegetable, root and tuber, group replacing the individual tolerance on high as 0.5 ppm in/on sugar beet roots 1, except sugar beet and sweet potato at potato. Therefore, EPA proposes and 30 ppm in/on sorghum grain stover, 2 ppm;’’ blueberry from 10 ppm to increasing and revising the individual the Agency determined that tolerances bushberry subgroup 13-07B at 3 ppm; tolerances to crop group tolerances in 40 should be established for beet, sugar, and eggplant, pepper, and tomato from CFR 180.169 (a)(1) as proposed for roots at 0.5 ppm and sorghum, grain, 10 ppm to vegetable, fruiting, group 8 at carbaryl residues of concern in/on stover at 30 ppm. Therefore, EPA 5 ppm. ‘‘beet, garden, tops and turnip, greens proposes establishing tolerances in 40 Based on available field trial data that from 12 ppm and salsify, tops from 10 CFR 180.169(a)(1) as proposed for indicate residues of carbaryl do not ppm to vegetable, leaves of root and carbaryl residues of concern in/on exceed 1.0 ppm in/on bean, cowpea, tuber, group 2 except sugar beet tops at apple, wet pomace at 15 ppm; grain, and lentil seed; the Agency determined 75 ppm;’’ and ‘‘potato from 0.2(N) ppm aspirated fractions at 70 ppm; citrus, oil that the tolerance should be decreased to vegetable, root and tuber, group 1, at 20 ppm; grape, raisin at 12 ppm; rice, to 1.0 ppm on pea and bean, dried except sugar beet and sweet potato at 2 hulls at 30 ppm; beet, sugar, roots at 0.5 shelled, except soybean, subgroup 6C ppm.’’ The Agency determined that the ppm; and sorghum, grain, stover at 30 replacing the individual tolerances. increased tolerances are safe; i.e. there ppm. Based on available field trial data that is a reasonable certainty that no harm The Agency has determined that indicated residues of carbaryl do not will result from aggregate exposure to many of the existing carbaryl tolerances exceed 60 ppm in/on cowpea forage, the pesticide chemical residue.

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Based on livestock feeding studies should be established for corn, field, to fruit, pome, group 11 at 12 ppm; and estimating a maximum dietary grain at 0.02 ppm, corn, pop at 0.02 spinach from 12 to 22 ppm. The Agency burden, residues of carbaryl do not ppm, and wheat, forage at 30 ppm. The determined that the increased tolerances exceed 0.5 ppm in fat, 1 ppm in milk, Agency is also revising commodity are safe; i.e. there is a reasonable 1 ppm in meat, and 3 ppm in meat terminology to conform to current certainty that no harm will result from byproducts of cattle, goats, hog, horses, practice. Therefore, EPA proposes aggregate exposure to the pesticide and sheep, the Agency has determined decreasing, establishing, and revising chemical residue. the tolerances should be increased to 0.5 the tolerances in 40 CFR 180.169(a)(1) There are currently no active ppm in fat, 1 ppm in milk, 1 ppm in as proposed for carbaryl residues of registrations with uses on cotton; meat, and 3 ppm in meat byproducts of concern in/on alfalfa from 100 to 50 therefore, the Agency has determined cattle, goats, hog, horses, and sheep. ppm; alfalfa, hay from 100 to 75 ppm; that tolerances for cotton, undelinted Because of the increased tolerances on banana from 10 to 5 ppm; beet, sugar, seed at 5 ppm should be revoked. Based livestock meat byproducts at 3 ppm tops from 100 to 25 ppm; clover from on poultry feeding studies and the fact cover livestock liver and kidney 100 to clover, forage at 50 ppm; clover, there are no longer direct uses on residues, separate tolerances for hay from 100 to 70 ppm; ‘‘corn, sweet, poultry and poultry houses, there is no livestock liver and kidney at 1 ppm are kernel plus cob with husks removed’’ reasonable expectation of finite residues no longer needed. Therefore, EPA from 5 to 0.1 ppm; corn, stover at 100 [in accordance with 40 CFR 180.6(a)(3)] proposes increasing and removing ppm to corn, field, stover at 20 ppm and in poultry and egg; therefore, the tolerances in 40 CFR 180.169(a)(2) as corn, pop, stover at 20 ppm; corn, forage Agency has determined that tolerances proposed for the combined carbaryl at 100 ppm to corn, field, forage at 30 for poultry meat and fat at 5 ppm and residues of concern in/on cattle, goat, ppm; cranberry from 10 to 3 ppm; flax, egg at 0.5 should be revoked. In the hog, horse and sheep fat from 0.1 to 0.5 seed from 5 to 0.5 ppm; grass, hay from event there may be existing stocks of ppm; cattle, goat, hog, horse and sheep 100 to 15 ppm; millet, proso, grain from products bearing labels having uses on meat from 0.1 to 1.0 ppm; cattle, goat, 3 to 1 ppm; millet, proso, straw from cotton and/or direct uses on poultry and hog, horse and sheep meat byproducts 100 to 20 ppm; okra from 10 to 4 ppm; poultry houses, the tolerances on cotton, from 0.1 to 3.0 ppm; and milk from 0.3 peanut from 5 to 0.05 ppm; peanut, hay poultry and egg will be revoked on to 1.0 ppm; and remove the tolerances from 100 to 20 ppm; pistachio from 1 to October 31, 2009. The tolerance in/on cattle, goat, swine, horse and 0.1 ppm; prickly pear cactus, fruit from expiration date of October 31, 2009 sheep liver and kidney at 1 ppm. The 12 ppm to cactus, fruit at 5 ppm; rice, should allow sufficient time for end Agency determined that the increased straw from 100 to 60 ppm; sorghum, users to exhaust those existing stocks tolerances are safe; i.e. there is a forage from 100 to sorghum, grain, and for treated commodities to clear the reasonable certainty that no harm will forage at 30 ppm; soybean from 5 to channels of trade. In order to result from aggregate exposure to the soybean, seed at 0.5 ppm; soybean, consolidate the tolerances on poultry pesticide chemical residue. forage from 100 to 15 ppm; soybean, hay meat, fat and egg, the Agency is transferring the carbaryl tolerance on Based on available field trial residue from 100 to 15 ppm; strawberry from 10 to 4 ppm; sunflower, seed from 1 to 0.5 egg entry from 40 CFR 180.319 to 40 data that indicate residues do not CFR 180.169(a)(2). Therefore, EPA exceed 50 ppm in/on alfalfa, 75 ppm in/ ppm; trefoil, forage from 100 to 15 ppm; trefoil, hay from 100 to 25 ppm; wheat, proposes transferring the entry in 40 on alfalfa hay, 5 ppm in/on bananas, 25 CFR 180.319 carbaryl residues of grain from 3 to 1 ppm; wheat, hay from ppm in/on sugar beet tops, 50 ppm in/ concern which corresponds with egg at 100 to 30; wheat, straw from 100 to 20 on clover forage, 70 ppm in/on clover 0.5 ppm to 40 CFR 180.169(a)(2) as ppm, and establishing corn, field, grain hay, 0.1 ppm on sweet corn including proposed; revoking the tolerances in 40 at 0.02; corn, pop, grain at 0.02 ppm; field and pop corn grains, 20 ppm in/ CFR 180.169(a)(2) for carbaryl residues and wheat, forage at 30 ppm. on field corn stover, 20 ppm in/on pop of concern in/on cotton, undelinted corn stover, 30 ppm in/on field corn Based on the available field trial data seed at 5 ppm on October 31, 2009; forage, 3 ppm in/on cranberry, 0.5 ppm that indicate carbaryl residues as high as poultry, fat at 5 ppm on October 31, in/on flax seed, 15 ppm in/on grass hay, 50 ppm in/on almond hulls, 15 ppm in/ 2009; poultry, meat at 5 ppm on October 1 ppm in/on millet proso grain on asparagus, 21 ppm in/on cabbage, 31, 2009; and newly transferred egg at (translating from wheat grain), 20 ppm 215 ppm in/on sweet corn stover, 185 0.5 ppm on October 31, 2009; and in/on millet proso straw (translating ppm in/on sweet corn forage, 22 ppm removing the entry in 40 CFR 180.319 from wheat straw), 4 ppm in/on okra, dandelion leaves, 22 ppm in/on parsley for carbaryl (1-naphthyl N- 0.05 ppm in/on peanut, 20 ppm in/on leaves, 15 ppm rice grain, 12 ppm in/on methylcarbamate) and its metabolite 1- peanut hay, 0.1 ppm in/on pistachio, 5 the representative commodities of pome naphthol, calculated as carbaryl which ppm in/on prickly pear cactus fruit, 60 fruit group 11, and 22 ppm in/on corresponds to egg at 0.5 ppm. ppm in/on rice straw, 30 ppm in/on spinach, the Agency determined the The Agency has also determined that sorghum grain forage, 0.5 ppm in/on tolerances should be increased to these many of the existing carbaryl tolerances soybeans, 15 ppm in/on soybean forage levels. Therefore, EPA proposes on individual commodities should be and hay, 4 ppm in/on strawberry, 0.5 increasing and revising the tolerances in reassigned as crop group/subgroup ppm in/on sunflower seed, 15 ppm in/ 40 CFR 180.169(a)(1) as proposed for tolerances because the Agency has the on trefoil forage, 25 ppm in/on trefoil carbaryl residues of concern in/on field trial residue data and/or tolerances hay, 1 ppm in/on wheat grain, 30 in/on almond, hulls from 40 to 50 ppm; in place for the representative wheat hay (which should include 30 asparagus from 10 to 15 ppm; cabbage commodities required to establish the ppm in/on wheat forage) and 20 ppm from 10 to 21 ppm; corn, stover from corresponding crop group tolerances. in/on wheat straw, the Agency 100 ppm to corn, sweet, stover at 215 Based on the available field trial data determined that the tolerances should ppm; corn, forage from 100 ppm to corn, that indicate residues of carbaryl do not be decreased to these residue levels that sweet, forage at 185 ppm; dandelion, exceed 10 ppm in/on kale and mustard are not exceeded for each of these leaves from 12 to 22 ppm; parsley, greens, the Agency has determined the commodities. Field trial residue data leaves from 12 to 22 ppm; rice, grain tolerances for kale and mustard greens also indicates that separate tolerances from 5 to 15 ppm; fruit, pome at 10 ppm should be decreased to 10 ppm and

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removed since both commodities should CFR 180.153(a)(1) for diazinon residues ppm; and revising a tolerance in 40 CFR be covered by vegetable, brassica, leafy, of concern in/on apricot from 0.5 to 0.20 180.153(a)(1) to add a footnote to group 5, except cabbage at 10 ppm ppm; cherry from 0.75 to cherry, sweet kiwifruit that reads as follows: ‘‘There tolerance. Therefore, EPA proposes and cherry, tart at 0.2 ppm; nectarine are no domestic registrations in/on revising the tolerances in 40 CFR from 0.5 to 0.2 ppm; peach from 0.7 to kiwifruit as of March 6, 2002.’’ 180.169 as proposed for carbaryl 0.2 ppm; plum, prune, fresh from 0.5 to The Agency published a cancellation residues of concern in/on apricot; 0.2 ppm; and watercress from 0.7 to 0.05 order December 6, 2006 (72 FR 40874) cherry; nectarine; peach; plum, prune, ppm; and revoking corn, field, forage at (FRL–8139–6) which resulted in the fresh at 10 ppm to fruit, stone, group 12 40.0 ppm. cancellation of certain uses of diazinon at 10 ppm;’’ ‘‘blackberry, boysenberry, Because there are no food use in the granular, liquid and/or wettable dewberry, loganberry, raspberry at 12 registrations in/on olives, the Agency powder formulations on a variety of ppm to caneberry subgroup 13-07A at has determined the tolerance is no commodities; however, only uses on 12 ppm;’’ ‘‘broccoli; Brussels sprouts; longer needed. Also, based on available sugar beets, sweet corn, Chinese cabbage, Chinese; cauliflower; collards; livestock studies indicating residues of broccoli, Chinese cabbage, Chinese kohlrabi; and mustard greens from 10 diazinon in fat as high as 0.39 ppm, the mustard, Chinese radish, grapes, hops, ppm and kale and mustard greens from Agency has determined that the walnuts, and mushroom houses were 12 ppm to vegetable, brassica, leafy, tolerance in/on cattle, fat should be canceled on all registrations such that group 5, except cabbage at 10 ppm;’’ decreased to 0.5 ppm. Therefore, EPA the tolerances are no longer needed. bean and pea (with pods) at 10 ppm to proposes revoking the tolerance in 40 Therefore, EPA proposes revoking the vegetable, legume, edible-podded CFR 180.153(a)(1) for diazinon residues tolerances in 40 CFR 180.153 for subgroup 6A at 10 ppm; prickly pear of concern in/on olive at 1.0 ppm and diazinon residues of concern in/on beet, cactus, pads to cactus, pads; sorghum, decreasing the tolerance in/on cattle fat sugar, roots at 0.5 ppm; beet, sugar, tops grain to sorghum, grain, grain; dill, fresh from 0.7 ppm to 0.5 ppm. at 10 ppm; corn, sweet, forage at 40 to dillweed, fresh leaves; fruit, citrus to The Agency published a cancellation ppm; corn, sweet, kernel plus cob with fruit, citrus, group 10; and grass to grass, order on March 6, 2002 (67 FR 10196) husks removed at 0.7 ppm; grape at 0.75 forage. (FRL–6826–2) as a follow up to a ppm; hop, dried cones at 0.75 ppm; The proposed tolerance actions herein January 4, 2002 notice of receipt from mushroom at 0.75 ppm; walnuts at 0.5 for carbaryl, to implement the the end-use products registrants, ppm; radish, oriental, roots at 0.10 ppm; recommendations of the carbaryl RED, requesting cancellations and and radish, oriental, tops at 0.10 ppm. reflect use patterns in the U.S. which amendments of their diazinon product The registration for the use on support a different tolerance than the registrations terminating all indoor uses, almonds is only in California; therefore, Codex level on: pome fruit group 11; certain agricultural uses and certain the Agency has determined that the sugar beet root; vegetable, root and outdoor non-agricultural uses and tolerance in/on almonds is a regional tuber, group 1, except sugar beet and limiting some registrations to specific registration. Therefore, EPA proposes sweet potato; field and sweet corn regions. Specifically, in the cancellation transferring the tolerance in 40 CFR stover; cattle, goat, hog, horse, and order, the uses were amended for 180.153(a)(1) for almond at 0.5 ppm to sheep meat; rice grain, hulls, and straw; banana, cucumbers, celery, parsley, 40 CFR 180.153(c); correcting the soybean, seed; sunflower seed; sorghum parsnips, peppers, potatoes, sweet citation in 40 CFR 180.153(c) from forage; tree nut group 14; wheat straw, potatoes, winter squash, summer 180.1(n) to 180.1(m); and correcting the grain, fodder and bran; because of squash, Swiss chard, and turnips (roots CAS number from 33–41–5 to 333–41– differences in good agricultural and greens) to regional uses. Therefore, 5. practices. However, compatibility exists the Agency has determined the Because field pea hay and vines are for stone fruit, and will exist based on corresponding tolerances should be no longer recognized as raw agricultural this tolerance action for carbaryl transferred from permanent tolerances commodities, field pea hay and vines residues in or on almond hulls; to regional tolerances. The uses were are no longer considered to be a asparagus; vegetable, fruiting, group 8; canceled which correspond to the significant food/feed item; therefore, the cattle, goat, hog, horse, and sheep meat tolerances on radicchio at 0.7 ppm; associated tolerances are no longer byproducts (including liver and kidney); citrus at 0.7 ppm; sheep fat at 0.7 ppm; needed. Therefore, EPA proposes field corn/maize; sweet corn; wheat sheep, meat (fat basis) at 0.7 ppm; and revoking the tolerances in 40 CFR germ and flour. sheep, meat byproducts (fat basis) at 0.7 180.153(a)(1) in/on pea, field, hay at 3. Diazinon. Based on available field ppm. Therefore, the Agency has 10.0 ppm and pea, field, vines at 25.0 trial data that indicate residues of determined that these tolerances should ppm. diazinon as high as 0.16 ppm in/on be revoked, except for the tolerance on There are currently no registrations apricots, cherries, nectarines, peaches kiwi which is being retained for import for food and feed handling and plums, the Agency determined that purposes. EPA is also revising the establishment uses outlined in 40 CFR the tolerances should be decreased to commodity terminology to conform to 180.153(a)(2) and 40 CFR 180.153(a)(3). 0.2 ppm. There are no active current Agency practice. Therefore, EPA Therefore, EPA proposes removing the registrations reflecting uses on field proposes transferring the tolerances in paragraphs in 40 CFR 180.153(a)(2) and corn; therefore the Agency determined 40 CFR 180.153(a)(1) to 40 CFR 40 CFR 180.153(a)(3). the tolerance in/on corn, field, forage is 180.153(c) for banana; cucumber; celery; The individual tolerances in/on no longer needed. Based on available parsley, leaves; parsnip; pepper; potato; blackberry, loganberry and raspberry are field trial data that indicate residues of potato, sweet; squash, summer; squash, being consolidated under the caneberry diazinon are less than 0.05 ppm in/on winter; Swiss chard; turnip, roots; and subgroup at 0.75 ppm. EPA is revising watercress, the Agency determined that turnip, greens to turnip, tops; revoking the commodity terminology to conform the tolerance should be decreased to tolerances in 40 CFR 180.153(a)(1) for to current Agency practice. Therefore, 0.05 ppm. EPA is also revising the radicchio at 0.7 ppm; citrus at 0.7 ppm; EPA proposes revising and increasing commodity terminology to conform to sheep fat at 0.7 ppm; sheep, meat tolerances in 40 CFR 180.153(a) for current Agency practice. Therefore, EPA byproducts (fat basis) at 0.7 ppm; and diazinon residues of concern from proposes decreasing the tolerances in 40 sheep, meat byproducts (fat basis) at 0.7 ‘‘blackberry at 0.5 ppm, loganberry at

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0.75 ppm, and raspberry at 0.5 ppm to phenyl)urea), CGA-236432 (1-methyl-3- and its metabolites of concern in cattle, caneberry subgroup 13-07A at 0.75 (4-hydroxy-3- meat byproducts; egg; goat, meat ppm’’ and revising endive to escarole. trifluoromethylphenyl)urea), CGA- byproducts; hog, meat byproducts; The proposed tolerance actions herein 13211 (1,1-dimethyl-3-(4-hydroxy-3- horse, meat byproducts; poultry, fat; for diazinon, to implement the triflurormethylphenyl)urea)], and their poultry, meat; poultry, meat byproducts; recommendations of the diazinon RED, conjugates (determined as TFMS). The and sheep, meat byproducts at 0.1 ppm reflect use patterns in the U.S. which chemical name for fluometuron should and milk at 0.02 ppm. support a different tolerance than the be corrected to the CAS name (N,N- Based on the available rotational crop Codex level on some commodities dimethyl-N’-(3- field trial data that indicate residues of because of differences in good trifluoromethyl)phenyl)urea) in the fluometuron as high as 0.46 ppm in/on agricultural practices. However, tolerance expression. Therefore, EPA cereal grains, 2.8 ppm in cereal grain compatibility exists for all of the citrus proposes revising the tolerance forage, 5.8 ppm in/on cereal grain fruits, Chinese cabbage, grapes, expression for plants in 40 CFR fodder and straw, 0.1 ppm in/on peanut, mushrooms, olives, peaches, plums, and 180.229(a)(1) and 180.229(d) for the 1.7 ppm in/on soybean seed, 2.4 ppm sheep byproducts and fat, based on the combined residues of the herbicide in/on soybean forage, 2.7 ppm in/on proposed reassessed U.S. tolerances fluometuron (N,N-dimethyl-N’-(3- soybean hay, the Agency determined implemented. trifluoromethyl)phenyl)urea) and its that tolerances should be established on 4. Dicrotophos. Based on available metabolite trifluoromethylaniline grain, cereal, group 15 at 0.5 ppm; grain, cotton field trial data that indicate (TFMA) determined as TFMA. EPA also cereal, forage, group 16 at 3.0 ppm; residues of dicrotophos as high as 0.13 proposes revising the tolerance grain, cereal, fodder and straw group 16 ppm in/on cotton seed and 1.8 ppm in/ expression for livestock in 40 CFR at 6.0 ppm; peanut at 0.1 ppm; peanut, on cotton gin by products, the Agency 180.229(a)(2) for the combined residues hay at 4.0 ppm; soybean, seed at 2.0 determined that the tolerances should of the herbicide fluometuron (N,N- ppm; soybean, forage at 3.0 ppm; and be increased to 0.2 ppm on cotton, dimethyl-N’-(3- soybean, hay at 3.0 ppm for the undelinted seed and a tolerance should trifluoromethyl)phenyl)urea), its inadvertent and indirect residues of be established on cotton gin by products metabolites determined as TFMA, and fluometuron. Therefore, EPA proposes at 2.0 ppm. Therefore, EPA proposes the hydroxylated metabolites [CGA- establishing tolerances in 40 CFR increasing a tolerance in 40 CFR 236431 (1-(4-hydroxy-3-trifluoromethyl- 180.229(d) for the combined residues of 180.299 for dicrotophos residues of phenyl)urea), CGA-236432 (1-methyl-3- fluometuron and its metabolites of concern in/on cotton, undelinted seed (4-hydroxy-3- concern in grain, cereal, group 15 at 0.5 from 0.05 to 0.2 ppm and establishing trifluoromethylphenyl)urea), CGA- ppm; grain, cereal, forage, group 16 at a tolerance of in/on cotton gin by 13211 (1,1-dimethyl-3-(4-hydroxy-3- 3.0 ppm; grain, cereal, fodder and straw, products at 2.0 ppm. The Agency trifluoromethylphenyl)urea)]. group 16 at 6.0 ppm; peanut at 0.1 ppm; determined that the increased tolerances Based on available field trial data that peanut, hay at 4.0 ppm; soybean, seed are safe; i.e. there is a reasonable indicate residues of fluometuron as high at 2.0 ppm; soybean, forage at 3.0 ppm; certainty that no harm will result from as 0.58 ppm in or on cotton and 3.1 ppm and soybean, hay at 3.0 ppm. aggregate exposure to the pesticide in/on cotton gin byproducts, the Agency Based on the available food chemical residue. determined that the tolerance should be processing studies that indicate residues The Agency is also standardizing the increased in/on cotton, undelinted seed of fluometuron as high as 0.1 ppm subsections of the 40 CFR 180 and to 1.0 ppm and a tolerance should be (concentration factor of 1.7X) in peanut changing the section heading to established in/on cotton gin by products meal; 0.25 ppm (3.2X) in rice hulls; and dicrotophos. Therefore, EPA proposes at 3.5 ppm. Therefore, EPA proposes 0.38 ppm (1.8X) in wheat milled revising 40 CFR 180.299 by establishing increasing the tolerance in 40 CFR byproducts, the Agency determined that 4 subsections entitled: ‘‘(a) General, (b) 180.229(a)(1) for the combined residues tolerances should be established on Section 18 emergency exemptions– of fluometuron and its metabolites of peanut, meal at 0.2 ppm; rice, hulls at reserved; (c) Tolerances with regional concern in/on cotton, undelinted seed 1.0 ppm; and wheat, milled byproducts registrations–reserved and (d) Indirect from 0.1 ppm to 1.0 ppm and at 1.0 ppm. Therefore, EPA proposes or inadvertent residues – reserved and establishing a tolerance in 40 CFR establishing tolerances in 40 CFR change the heading from dimethyl 180.229(a)(1) in/on cotton, gin 180.229(d) for the combined residues of phosphate of 3-hydroxy-N,Ndimethyl- byproducts at 3.5 ppm. The Agency fluometuron and its metabolites of cis-crotonamide to dicrotophos.’’ determined that the increased tolerances concern in peanut, meal at 0.2 ppm; Currently, there are no Codex MRLs are safe; i.e. there is a reasonable rice, hulls at 1.0 ppm; and wheat, milled in place for dicrotophos. certainty that no harm will result from byproducts at 1.0 ppm. 5. Fluometuron. Tolerances are aggregate exposure to the pesticide Currently, there are no Codex MRLs currently established for negligible chemical residue. in place for fluometuron. residues of the herbicide fluometuron Based on the livestock feeding studies 6. Formetanate hydrochloride. Based (1,1-dimethyl-3-(a, a, a-trifluoro-m- that indicate residues of fluometuron as on available field trial data that indicate tolyl)urea) in 40 CFR 180.229 for plant high as 0.041 ppm in liver; 0.0096 ppm residues of formetanate hydrochloride commodities. Based on reevaluation of in kidney; 0.0041 ppm in milk; and as high as 0.43 ppm in/on apples and the plant and animal metabolism data, 0.0315 ppm egg, poultry meat, fat and pears; 0.98 ppm in/on grapefruits and the Agency determined that the meat byproducts, the Agency oranges; <0.60 ppm in/on lemons; <0.03 regulated residues of concern in/on determined that tolerances should be ppm (the limit of quantitation) in/on plants consist of the parent compound, established in cattle, goat, horse, hog, tangerines and limes; and limited data fluometuron, and the metabolite, sheep and poultry meat byproducts at at <0.03 ppm in/on nectarines and trifluoromethylaniline (TFMA); and in 0.1 ppm, in poultry meat and fat at 0.1 peaches; the Agency determined that animal tissue the regulated residues ppm and in milk at 0.02 ppm. the tolerances should be decreased to consist of the parent compound, the Therefore, EPA proposes establishing 0.50 ppm in/on apple and pear; 1.5 ppm hydroxylated metabolites [CGA-236431 tolerances in 40 CFR 180.229(a)(2) for in/on grapefruit and orange, sweet; 0.03 (1-(4-hydroxy-3-trifluoromethyl- the combined residues of fluometuron ppm in/on lime and tangerine; 0.60 ppm

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in/on lemon; 0.40 ppm in/on nectarine grain (15 ppm); oat, grain (20 ppm); and aggregate exposure to the pesticide and peach and a tolerance be wheat, grain (5.0 ppm). chemical residue. established on tangelo at 0.03 ppm. In an effort to achieve compatibility Currently, separate tolerances exist for Therefore, EPA proposes decreasing the with Codex, the Agency has determined the liver of cattle, goat, horse, sheep and tolerances in 40 CFR 180.276(a) for that the glyphosate tolerance for ‘‘grain, hog at 0.5 ppm, and for the kidney of residues of formetanate hydrochloride cereal, group 15’’ should be inclusive of each of these livestock animals at 4 in/on apple from 3 to 0.50 ppm; the major crop grains (barley, sorghum, ppm. In an effort to harmonize with grapefruit from 4 to 1.5 ppm; lemon oat, and wheat) the minor grain crops Codex, the Agency has determined that from 4 to 0.60 ppm; lime from 4 to 0.03 (buckwheat millet, rye, teosinte, and the individual tolerances for liver and ppm; nectarine 4 to 0.40 ppm; orange, triticale), and increased to 30 ppm. kidney should be combined into one sweet from 4 to 1.5 ppm; peach from 5 Individual tolerances should be commodity defined as meat byproducts to 0.40 ppm; pear from 3 to 0.50 ppm; established for the minor crop grains, for each of the livestock animals, cattle, and tangerine from 4 to 0.03 ppm and popcorn, rice, sweet corn, and wild rice, goat, horse, sheep and hog, and establishing a tolerance in/on tangelo at each at 0.1 ppm, and the tolerance for increased to 5 ppm. Therefore, EPA 0.03 ppm. field corn increased from 1.0 to 5.0 proposes revoking tolerances in 40 CFR Based on the field trial and processing ppm. Therefore, EPA proposes to amend 180.364 for residues of glyphosate in or studies on apples that indicate the tolerances in 40 CFR 180.364 for on cattle, kidney at 4.0 ppm; cattle, liver highest average field trial residues are glyphosate in/on ‘‘grain, cereal, group at 0.5 ppm; goat, kidney at 4.0 ppm; 0.38 ppm and a 4X concentration factor 15, except barley, field corn, sorghum, goat, liver at 0.5 ppm; horse, kidney at in wet pomace, the Agency determined oat and wheat’’ to ‘‘grain, cereal, group 4.0 ppm; horse, liver at 0.5 ppm; sheep, a tolerance in/on apple, wet pomace 15, except field corn, popcorn, rice, kidney at 4.0 ppm; sheep, liver at 0.5 should be established at 1.5 ppm. sweet corn and rice, wild’’ and increase ppm; hog, kidney at 4.0 ppm; and hog, Therefore, EPA proposes establishing a the tolerance to 30 ppm; and to revoke liver at 0.5 ppm; and establish tolerance in 40 CFR 180.276(a) for the individual tolerances for barley, tolerances in 40 CFR 180.364 for cattle, residues of formetanate hydrochloride grain at 20 ppm; oat, grain at 20 ppm; meat byproducts at 5 ppm; goat, meat in/on apple, wet pomace at 1.5 ppm. sorghum, grain, grain at 15 ppm; wheat, byproducts at 5 ppm; horse, meat Currently, there are no Codex MRLs grain at 5 ppm; wheat middlings at 20 byproducts at 5 ppm; sheep, meat in place for formetanate hydrochloride. ppm; wheat, shorts at 20 ppm; and byproducts at 5 ppm; and hog, meat 7. Glyphosate. The Agency proposed wheat, bran at 20 ppm; and establish byproducts at 5 ppm. The Agency has changes in tolerances for glyphosate in individual tolerances for corn, sweet, determined that the increased tolerances the Federal Register notice published grain at 0.1 ppm; corn, pop, grain at 0.1 are safe; i.e. there is a reasonable on June 7, 2006 (71 FR 32899) (FRL– ppm; rice, grain at 0.1 ppm; rice, wild certainty that no harm will result from 8062–7), which include harmonization at 0.1 ppm; and increase the tolerance aggregate exposure to the pesticide with some Codex tolerances. The for corn, field, grain from 1 ppm to 5 chemical residue. Agency received public comment from ppm. The Agency has determined that In the Federal Register published Monsanto Company generally agreeing the increased tolerances are safe; i.e. December 20, 2006 (71 FR 76180) (FRL– with the proposed tolerance changes to there is a reasonable certainty that no 8105–9), tolerances for residues of 40 CFR 180.364 for glyphosate. harm will result from aggregate glyphosate in or on sunflower, seed and However, Monsanto alerted the Agency exposure to the pesticide chemical safflower, seed were increased from 0.1 of more recent changes to glyphosate residue. The Agency has determined to 85 ppm; however, duplicate MRLs finalized by the Codex that the increased tolerances are safe; tolerances for these commodities were Alimentarius Commission in July of i.e. there is a reasonable certainty that erroneously published in 40 CFR 2006. Monsanto provided a detailed list no harm will result from aggregate 180.364 (a) as sunflower at 85 ppm and of suggested changes to the U.S. exposure to the pesticide chemical sunflower, seed at 0.1 ppm; and tolerances established on glyphosate to residue. safflower at 85 ppm and safflower, seed achieve better alignment with the newly In order to further harmonize with at 0.1 ppm. The correct terminology for established Codex MRLs. In response to Codex, the Agency has determined that these commodities is ‘‘sunflower, seed’’ this comment, the Agency agreed to the tolerances for glyphosate residues and ‘‘safflower, seed.’’ Also, in the same consider Monsanto’s recommendations in/on the following commodities should Federal Register Notice, a tolerance for for harmonization with Codex in a be increased: Cotton, undelinted seed the revised commodity definition future proposal. The Agency has now from 35 ppm to 40 ppm; rapeseed, seed ‘‘vegetable, legume, group 6 except determined that the following from 10 ppm to 20 ppm; canola, seed soybean and pea, dry’’ was established commodities can be harmonized with from 10 ppm to 20 ppm; and and that at 5.0 ppm, but this tolerance was Codex MRLs: Cereal grain crop group the tolerance for canola, meal at 15 ppm published in 40 CFR 180.364(a) in 15, cotton seed, corn (maize), rape seed, and rapeseed, meal at 15 ppm should be addition to the existing tolerance for the canola seed, and liver and kidney revoked, as they will be covered by the commodity ‘‘vegetable, legume, group 6 commodities of cattle, goats, hogs, canola, seed and rapeseed, seed except soybean’’ at 5.0 ppm. Therefore, horses and sheep. tolerances at 20 ppm. Therefore, EPA EPA proposes to correct these errors by The current tolerance for residues of proposes increasing the tolerances in 40 revoking the incorrect tolerances in 40 glyphosate in or on ‘‘grain, cereal, group CFR 180.364 for the glyphosate residues CR 180.364(a) for sunflower, seed at 0.1 15’’ is 0.1 parts per million (ppm), but of concern in/on cotton, undelinted ppm; safflower, seed at 0.1 ppm; and excludes the major crop grains barley, seed from 35 ppm to 40 ppm; rapeseed, ‘‘vegetable, legume, group 6 except field corn, grain sorghum, oat and seed from 10 ppm to 20 ppm; canola, soybean’’ at 5.0 ppm; and correcting the wheat, and covers the minor crop grains seed from 10 ppm to 20 ppm; and terminology for sunflower to buckwheat, millet, popcorn, rice, rye, revoking rapeseed, meal at 15 ppm and ‘‘sunflower, seed’’ at 85 ppm and sweet corn, teosinte, triticale, and wild canola, meal at 15 ppm. The Agency safflower to ‘‘safflower, seed’’ at 85 rice. Individual tolerances currently determined that the increased tolerances ppm. exist for barley, grain (20 ppm); corn, are safe; i.e. there is a reasonable There are a number of Codex MRLs field, grain (1.0 ppm); sorghum, grain, certainty that no harm will result from for glyphosate for which harmonization

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with a U.S. tolerance is not possible at avocado, pomegranate, artichoke, and correspond with current Agency this time. In the case of fodder, hay and/ olives as published in the Federal commodity terminology. The current or straw commodities of alfalfa, barley, Register on April 26, 2006 (71 FR commodity terminology for small fruit bean, grasses, maize, oat, pea, sorghum, 24687) (FRL–8059–2). Based on the is berry group 13 and cranberry, and wheat, the U.S. tolerances are cancellation of these uses on U.S. strawberry and grape (which were determine on a ‘‘wet weight’’ basis registrations, the Agency has covered in the small fruit group, but not where as the Codex MRLs are determined the tolerances for artichoke, included in the berry group). Therefore, determined on a ‘‘dry weight’’ basis, and globe; avocado; fig; fruit, citrus; fruit, EPA is proposing to revise the tolerance are, therefore, not comparable. pome; fruit, stone; olive; pistachio; and in 40 CFR 180.328(a) for residues of the Sugarcane molasses, having a U.S. pomegranate (the only tolerance in 40 herbicide napropamide from small fruit tolerance for glyphosate of 30 ppm, CFR 180.328(b)) should be revoked on at 0.1 ppm to berry, group 13 at 0.1 could not be harmonized to the lower April 26, 2009. This expiration/ ppm; coffee, bean, green to coffee, green Codex MRL of 10 ppm due to the revocation date should provide bean; and mint to peppermint, tops and concentration of the glyphosate residues sufficient time for end users to exhaust spearmint, tops; and establish tolerances demonstrated by processing data. Some those existing stocks and for treated for cranberry, grape, and strawberry U.S. glyphosate tolerances could not be commodities to clear the channels of each at 0.1 ppm; revise vegetable, harmonized because the Codex MRL is trade. Also, there have been no fruiting to vegetable, fruiting, group 8; based on the individual commodity and registrations with uses on cucurbit and nut to nut, tree, group 14. the U.S. tolerance is a crop group vegetables for some time; therefore the Currently, there are no Codex MRLs tolerance (e.g. vegetable, legume, group Agency has determined that the in place for napropamide. 6, except soybean.) which is higher to tolerance in/on vegetables, cucurbit, 10. Norflurazon. Based on the cover all commodities in the group. The group 9 should be revoked. Therefore, available feeding studies in livestock U.S. tolerance for glyphosate in/on EPA proposes revoking the tolerances in where residues of norflurazon were banana could not be lowered to 40 CFR 180.328(a) on the following estimated less than 0.5 ppm in liver, the harmonize with Codex due to differing commodities: Artichoke, globe; avocado; Agency determined tolerances should use patterns. fig; fruit, citrus; fruit, pome; fruit, stone; be established for cattle, goat, hog, 8. Metolachlor. Tolerances for olive; and pistachio each with an horse, and sheep liver at 0.50 ppm. metolachlor in/on spinach at 0.3 ppm, expiration/revocation date of April 26, Therefore, EPA proposes increasing the grass forage at 10 ppm, grass hay at 0.2 2009; the pomegranate tolerance in 40 tolerance in 40 CFR 180.356(a) for the ppm and tomato at 0.1 ppm expired on CFR 180.328(b) with an expiration/ norflurazon residues of concern in/on 12/31/01 and tomato expired on 6/30/ revocation date of April 26, 2009; and cattle, goat, hog, horse, and sheep, liver 02. Based on additional new field trial revoking vegetables, cucurbit, group 9 from 0.25 ppm to 0.50 ppm. The Agency data that indicate residues as high as 8.4 on the date of publication of the final determined that the increased tolerances ppm in/on grass forage, 0.11 ppm in/on rule. are safe; i.e. there is a reasonable grass hay, 0.38 ppm in/on spinach and Currently, tolerances are established 0.08 ppm in/on tomatoes, the Agency for the negligible residues (N) of the certainty that no harm will result from has determined that permanent herbicide N,N-diethyl-2-(1- aggregate exposure to the pesticide tolerances should be established in /on napthalenyloxy) propionamide. The chemical residue. grass, forage at 10 ppm; grass, hay at negligible residue term and designation 11. Pyrazon. Based on available crop 0.20 ppm; spinach at 0.50 ppm and indicating negligible residues is no field trial data that indicate residues of tomato at 0.10 ppm. The establishment longer in accordance with Agency pyrazon as high as 0.79 ppm in/on of these tolerances was inadvertently practice and should be removed. The garden beet roots, 4.64 ppm in/on omitted from the proposal of August 8, common chemical name for N,N- garden beet tops, 0.14 ppm in/on sugar 2008 (72 FR 44439) (FRL–8138–8). In diethyl-2-(1-napthalenyloxy) beet roots, 1.99 ppm in/on sugar beet that proposal the Agency also revised propionamide is napropamide and tops 0.02 ppm in milk, the Agency the terminology for the ‘‘seed and pod should be included in the tolerance determined that the tolerances should vegetables (except soybean) crop group’’ expression. Lastly, the section should be be increased to 0.9 ppm in/on beet, which includes okra and dill revised to include the subsections for garden, roots; 7.0 ppm in/on beet, commodities to the new terminology, section 18 emergency exemptions and garden, tops; 0.2 ppm in/on beet, sugar, ‘‘vegetable legume crop group’’ which indirect or inadvertent residues and roots; 3.0 ppm in/on beet, sugar, tops; does not include dill and okra; change subsection (b) designation to (c) and 0.02 ppm in milk. The terminology therefore, at that time, separate for regional registrations. Therefore, the negligible residues (N) associated with tolerances should have been proposed Agency proposes revising the tolerance tolerances in 40 CFR 180.316 is no for okra at 0.50 ppm and dill at 0.50 expression in 40 CFR 180.328(a) to longer applicable and a terminology the ppm. Therefore, EPA proposes regulate the herbicide napropamide Agency is no longer using. Therefore, establishing tolerances in 40 CFR (N,N-diethyl-2-(1-napthalenyloxy) EPA proposes increasing and revising 180.368(a)(1) for the combined propionamide in or on food the tolerances in 40 CFR 180.316(a) for metolachlor residues of concern in/on commodities and revising the the combined residues of pyrazon and grass, forage at 10 ppm; grass, hay at subsections as follows: ‘‘(b) Section 18 its metabolites in/on beet, garden, roots 0.20 ppm; spinach at 0.50 ppm; tomato emergency exemptions - reserved, (c) from 0.1(N) to 0.9 ppm; beet, garden, at 0.10 ppm; dill at 0.50 ppm and okra tolerances with regional registrations tops from 1 ppm to 7.0 ppm; beet, sugar, at 0.50 ppm. –reserved and (d) indirect or inadvertent roots from 0.1(N) to 0.2 ppm; beet, 9. Napropamide. The sole registrant residues –reserved.’’ sugar, tops from 1 ppm to 3.0 ppm; and for napropamide requested the The Agency is updating commodity milk from 0.01(N) ppm to 0.02 ppm. cancellation of the use of napropamide terminology to correspond to current The Agency determined that the on the following commodities: practice. Currently, there is a tolerance increased tolerances are safe; i.e. there Pistachio, grapefruit, lemon, orange, in place for small fruit at 0.1 ppm in 40 is a reasonable certainty that no harm tangerine, nectarine, apricot, cherry, CFR 180.328(a) which is considered will result from aggregate exposure to peach, plum, prune, apple, pear, fig, obsolete and should be revised to the pesticide chemical residue.

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Based on available crop field trial data 12. Tau-Fluvalinate. A tolerance is those pesticides to be imported into the and processing data that indicate currently established in 40 CFR United States. residues of pyrazon as high as 0.2 ppm 180.427(a) for residues of fluvalinate, EPA is proposing these tolerance and a concentration factor of 6x in sugar (alpha RS , 2R)-fluvalinate [(RS)-alpha- actions to implement the tolerance beet molasses, the Agency determined cyano-3-phenoxybenzyl (R)-2-[2-chloro- recommendations made during the that a tolerance should be established 4-(trifluoromethyl)anilino]-3- reregistration and tolerance for beet, sugar, molasses at 1.5 ppm. methylbutanoate’’ in/on honey at 0.05 reassessment processes (including Based on the available feeding studies ppm. ‘‘Fluvalinate’’ is the common follow-up on canceled or additional and the estimated maximum dietary name for the racemic mixture of the 4 uses of pesticides). As part of these burden in livestock that indicate isomers of cyano-(3- processes, EPA is required to determine pyrazon residues as high as the level of phenoxyphenyl)methyl N-[2-chloro-4- whether each of the amended tolerances quantitation, the Agency has (trifluoromethyl)phenyl]-valinate (CAS meets the safety standard of FQPA. The determined tolerances should be name). ‘‘Tau-fluvalinate’’ is the term for safety finding determination is established at the combined levels of the half resolved mixture (2 of the 4 discussed in detail in each post-FQPA quantitation of pyrazon and its isomers) and is the regulated residue. RED and TRED for the active ingredient. metabolites in cattle, goat, horse, and The tolerance expression should be REDs and TREDs recommend the sheep fat, meat, and meat byproducts corrected to reflect the correct common implementation of certain tolerance (except liver) at 0.10 ppm. Based on the name of tau-fluvalinate and the CAS actions, including modifications to available feeding studies and estimated name. Additionally, based on available reflect current use patterns, to meet maximum dietary burden in livestock field trial data that indicate residues of safety findings, and change commodity where residues of pyrazon were tau-fluvalinate as high as 0.015 ppm in/ names and groupings in accordance estimated as high as 0.123 ppm in liver, on honey, the Agency determined that with new EPA policy. Printed and the Agency determined tolerances the tolerance should be decreased to electronic copies of the REDs and should be established for cattle, goat, 0.02 ppm. The registrant submitted a TREDs are available as provided in Unit horse, and sheep liver at 0.15 ppm. comment to docket announcing the RED II.A. Therefore, EPA proposes establishing requesting the tolerance be maintained EPA has issued post-FQPA REDs and tolerances in 40 CFR 180.316(a) for the at 0.05 ppm; however, they later TREDs for benfluralin, carbaryl, combined residues of pyrazon and its withdrew the request. Therefore, EPA diazinon, dicrotophos, fluometuron, metabolites in/on beet, sugar, molasses proposes decreasing the tolerance 40 formetanate-hydrochloride, metolachlor, at 1.5 ppm; cattle, fat at 0.10 ppm; CFR 180.427(a) in/on honey from 0.05 napropamide, norflurazon, pyrazon and cattle, liver at 0.15 ppm; cattle, meat at to 0.02 ppm and revising the tolerance tau-fluvalinate. Also, EPA issued a RED prior to FQPA for glyphosate and made 0.10 ppm; cattle, meat byproducts, expression to read as follows: a safety finding which reassessed its except liver at 0.10 ppm; goat, fat at 0.10 ‘‘Tolerances are established for residues tolerances according to the FFDCA ppm; goat, liver at 0.15 ppm; goat, meat of the insecticide tau-fluvalinate [cyano- standard, maintaining them when new at 0.10 ppm; goat, meat byproducts, (3-phenoxyphenyl)methyl N-[2-chloro- tolerances were established as noted in except liver at 0.10 ppm; horse, fat at 4-(trifluoromethyl)phenyl]-D-valinate].’’ Unit II.A. REDs and TREDs contain the 0.10 ppm; horse, liver at 0.15 ppm; Currently, there are no Codex MRLs Agency’s evaluation of the database for horse, meat at 0.10 ppm; horse, meat in place for tau-fluvalinate. these pesticides, including requirements byproducts, except liver at 0.10 ppm; B. What is the Agency’s Authority for for additional data on the active sheep, fat at 0.10 ppm; sheep, liver at Taking this Action? ingredients to confirm the potential 0.15 ppm; sheep, meat at 0.10 ppm; A ‘‘tolerance’’ represents the human health and environmental risk sheep, meat byproducts, except liver at maximum level for residues of pesticide assessments associated with current 0.10 ppm. chemicals legally allowed in or on raw product uses, and in REDs state Based on available rotational crop agricultural commodities and processed conditions under which these uses and field trial data that indicate the highest foods. Section 408 of FFDCA, 21 U.S.C. products will be eligible for average field trial residues of pyrazon as 346a, as amended by FQPA of 1996, reregistration. The REDs and TREDs high as 0.17 ppm wheat forage, 0.13 Public Law 104–170, authorizes the recommended the establishment, ppm in wheat hay, <0.10 ppm in wheat establishment of tolerances, exemptions modification, and/or revocation of straw, 0.30 ppm in soybean forage and from tolerance requirements, specific tolerances. RED and TRED hay, and 0.30 ppm in field corn forage modifications in tolerances, and recommendations such as establishing and stover, the Agency determined that revocation of tolerances for residues of or modifying tolerances, and in some tolerances should be established for the pesticide chemicals in or on raw cases revoking tolerances, are the result inadvertent and indirect residues of agricultural commodities and processed of assessment under the FFDCA pyrazon in wheat, forage at 0.3 ppm; foods. Without a tolerance or standard of ‘‘reasonable certainty of no wheat, hay at 0.2 ppm; wheat straw at exemption, food containing pesticide harm.’’ However, tolerance revocations 0.1 ppm; soybean forage and hay at 0.5 residues is considered to be unsafe and recommended in REDs and TREDs that ppm; and field corn forage and stover at therefore ‘‘adulterated’’ under section are proposed in this document do not 0.5 ppm. Therefore, EPA proposes 402(a) of FFDCA, 21 U.S.C. 342(a). Such need such assessment when the establishing tolerances in 40 CFR food may not be distributed in interstate tolerances are no longer necessary. 180.316(d) for the combined residues of commerce (21 U.S.C. 331(a)). For a food- EPA’s general practice is to propose pyrazon and its metabolites in/on use pesticide to be sold and distributed, revocation of tolerances for residues of wheat, forage at 0.3 ppm; wheat, hay at the pesticide must not only have pesticide active ingredients on crops for 0.2 ppm; wheat, straw at 0.1 ppm; appropriate tolerances under the which FIFRA registrations no longer soybean, forage at 0.5 ppm; soybean, FFDCA, but also must be registered exist and on which the pesticide may hay at 0.5 ppm; corn, field, forage at 0.5 under FIFRA (7 U.S.C. 136 et seq.). therefore no longer be used in the ppm; and corn, field, stover at 0.5 ppm. Food-use pesticides not registered in the United States. EPA has historically been Currently, there are no Codex MRLs United States must have tolerances in concerned that retention of tolerances in place for pyrazon. order for commodities treated with that are not necessary to cover residues

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in or on legally treated foods may When EPA establishes tolerances for 1. The residue is present as the result encourage misuse of pesticides within pesticide residues in or on raw of an application or use of the pesticide the United States. Nonetheless, EPA agricultural commodities, consideration at a time and in a manner that was will establish and maintain tolerances must be given to the possible residues lawful under FIFRA, and even when corresponding domestic uses of those chemicals in meat, milk, 2. The residue does not exceed the are canceled if the tolerances, which poultry, and/or eggs produced by level that was authorized at the time of EPA refers to as ‘‘import tolerances,’’ are animals that are fed agricultural the application or use to be present on necessary to allow importation into the products (for example, grain or hay) the food under a tolerance or exemption United States of food containing such containing pesticides residues (40 CFR from tolerance. Evidence to show that pesticide residues. However, where 180.6). When considering this food was lawfully treated may include there are no imported commodities that possibility, EPA can conclude that: records that verify the dates when the require these import tolerances, the 1. Finite residues will exist in meat, pesticide was applied to such food. Agency believes it is appropriate to milk, poultry, and/or eggs. III. Are the Proposed Actions revoke tolerances for unregistered 2. There is a reasonable expectation Consistent with International pesticides in order to prevent potential that finite residues will exist. Obligations? misuse. 3. There is a reasonable expectation Furthermore, as a general matter, the The tolerance actions in this proposal that finite residues will not exist. If are not discriminatory and are designed Agency believes that retention of import there is no reasonable expectation of tolerances not needed to cover any to ensure that both domestically finite pesticide residues in or on meat, produced and imported foods meet the imported food may result in milk, poultry, or eggs, tolerances do not unnecessary restriction on trade of food safety standards established by need to be established for these FFDCA. The same food safety standards pesticides and foods. Under section 408 commodities (40 CFR 180.6(b) and (c)). of FFDCA, a tolerance may only be apply to domestically produced and EPA has evaluated certain specific established or maintained if EPA imported foods. meat, milk, poultry, and egg tolerances determines that the tolerance is safe In making its tolerance decisions, EPA proposed for revocation in this based on a number of factors, including seeks to harmonize U.S. tolerances with document and has concluded that there an assessment of the aggregate exposure international standards whenever is no reasonable expectation of finite to the pesticide and an assessment of possible, consistent with U.S. food pesticide residues of concern in or on the cumulative effects of such pesticide safety standards and agricultural and other substances that have a those commodities. practices. EPA considers the common mechanism of toxicity. In C. When Do These Actions Become international Maximum Residue Limits doing so, EPA must consider potential Effective? (MRLs) established by the Codex contributions to such exposure from all Alimentarius is a joint U.N. Food and EPA is proposing that the tolerance tolerances. If the cumulative risk is such Agriculture Organization/World Health that the tolerances in aggregate are not actions become effective on the date of Organization food standards program, safe, then every one of these tolerances publication of the final rule in the and it is recognized as an international is potentially vulnerable to revocation. Federal Register unless otherwise food safety standards-setting Furthermore, if unneeded tolerances are indicated (i.e. napropamide and organization in trade agreements to included in the aggregate and carbaryl). The tolerances proposed for which the United States is a party. EPA cumulative risk assessments, the revocation in this document are may establish a tolerance that is estimated exposure to the pesticide associated with uses that have been different from a Codex MRL; however, would be inflated. Consequently, it may canceled for several years. The Agency section 408(b)(4) of FFDCA requires that be more difficult for others to obtain believes that treated commodities have EPA explain the reasons for departing needed tolerances or to register needed had sufficient time for passage through from the Codex level in a notice new uses. To avoid potential trade the channels of trade. However, if EPA published for public comment. EPA’s restrictions, the Agency is proposing to is presented with information that effort to harmonize with Codex MRLs is revoke tolerances for residues on crops existing stocks would still be available summarized in the tolerance uses for which FIFRA registrations no and that information is verified, the reassessment section of individual REDs longer exist, unless someone expresses Agency will consider extending the and TREDs, and in the Residue a need for such tolerances. Through this expiration date of the tolerance. If you Chemistry document which supports proposed rule, the Agency is inviting have comments regarding existing the RED and TRED, as mentioned in individuals who need these import stocks and whether the effective date Unit II.A. Specific tolerance actions in tolerances to identify themselves and allows sufficient time for treated this proposed rule and how they the tolerances that are needed to cover commodities to clear the channels of compare to Codex MRLs (if any) are imported commodities. trade, please submit comments as discussed in Unit II.A. Parties interested in retention of the described under SUPPLEMENTARY tolerances should be aware that INFORMATION. IV. Statutory and Executive Order additional data may be needed to Any commodities listed in this Reviews support retention. These parties should proposal treated with the pesticides In this proposed rule, EPA is be aware that, under FFDCA section subject to this proposal, and in the proposing to establish tolerances under 408(f), if the Agency determines that channels of trade following the FFDCA section 408(e), and also modify additional information is reasonably tolerance revocations, shall be subject to and revoke specific tolerances required to support the continuation of section 408(1)(5) of FFDCA, as established under FFDCA section 408. a tolerance, EPA may require that established by FQPA. Under this unit, The Office of Management and Budget parties interested in maintaining the any residues of these pesticides in or on (OMB) has exempted these types of tolerances provide the necessary such food shall not render the food actions (e.g., establishment and information. If the requisite information adulterated so long as it is shown to the modification of a tolerance and is not submitted, EPA may issue an satisfaction of the Food and Drug tolerance revocation for which order revoking the tolerance at issue. Administration that: extraordinary circumstances do not

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exist)] from review under Executive determined that eight conditions must effects on one or more Indian tribes, on Order 12866, entitled Regulatory all be satisfied in order for an import the relationship between the Federal Planning and Review (58 FR 51735, tolerance or tolerance exemption Government and the Indian tribes, or on October 4, 1993). Because this proposed revocation to adversely affect a the distribution of power and rule has been exempted from review significant number of small entity responsibilities between the Federal under Executive Order 12866 due to its importers, and that there is a negligible Government and Indian tribes.’’ This lack of significance, this proposed rule joint probability of all eight conditions proposed rule will not have substantial is not subject to Executive Order 13211, holding simultaneously with respect to direct effects on tribal governments, on Actions Concerning Regulations That any particular revocation. (This Agency the relationship between the Federal Significantly Affect Energy Supply, document is available in the docket of Government and Indian tribes, or on the Distribution, or Use (66 FR 28355, May this proposed rule). Furthermore, for the distribution of power and 22, 2001). This proposed rule does not pesticide named in this proposed rule, responsibilities between the Federal contain any information collections the Agency knows of no extraordinary Government and Indian tribes, as subject to OMB approval under the circumstances that exist as to the specified in Executive Order 13175. Paperwork Reduction Act (PRA), 44 present proposal that would change the Thus, Executive Order 13175 does not U.S.C. 3501 et seq., or impose any EPA’s previous analysis. Any comments apply to this proposed rule. enforceable duty or contain any about the Agency’s determination List of Subjects in 40 CFR Part 180 unfunded mandate as described under should be submitted to the EPA along Title II of the Unfunded Mandates with comments on the proposal, and Environmental protection, Reform Act of 1995 (UMRA) (Public will be addressed prior to issuing a final Administrative practice and procedure, Law 104–4). Nor does it require any rule. In addition, the Agency has Agricultural commodities, Pesticides special considerations as required by determined that this action will not and pests, Reporting and recordkeeping Executive Order 12898, entitled Federal have a substantial direct effect on States, requirements. Actions to Address Environmental on the relationship between the national Dated: May 8, 2008. Justice in Minority Populations and government and the States, or on the Debra Edwards, Low-Income Populations (59 FR 7629, distribution of power and Director, Office of Pesticide Programs. February 16, 1994); or OMB review or responsibilities among the various Therefore, it is proposed that 40 CFR any other Agency action under levels of government, as specified in chapter I be amended as follows: Executive Order 13045, entitled Executive Order 13132, entitled Protection of Children from Federalism (64 FR 43255, August 10, PART 180—[AMENDED] Environmental Health Risks and Safety 1999). Executive Order 13132 requires 1. The authority citation for part 180 Risks (62 FR 19885, April 23, 1997). EPA to develop an accountable process continues to read as follows: This action does not involve any to ensure ‘‘meaningful and timely input technical standards that would require by State and local officials in the Authority: 21 U.S.C. 321(q), 346a and 371. Agency consideration of voluntary development of regulatory policies that 2. Section 180.153 is amended by consensus standards pursuant to section have federalism implications.’’ ‘‘Policies revising the table in paragraph (a)(1); 12(d) of the National Technology that have federalism implications’’ is and paragraph (c) to read as follows: Transfer and Advancement Act of 1995 defined in the Executive order to § 180.153 Diazinon; tolerances for (NTTAA), Public Law 104–113, section include regulations that have residues. 12(d) (15 U.S.C. 272 note). Pursuant to ‘‘substantial direct effects on the States, (a) General. (1) * * * the Regulatory Flexibility Act (RFA) (5 on the relationship between the national U.S.C. 601 et seq.), the Agency government and the States, or on the Commodity Parts per previously assessed whether distribution of power and million establishment of tolerances, exemptions responsibilities among the various from tolerances, raising of tolerance levels of government.’’ This proposed Almond, hulls ...... 3.0 Apple ...... 0.50 levels, expansion of exemptions, or rule directly regulates growers, food Apricot ...... 0.20 revocations might significantly impact a processors, food handlers, and food Bean, lima ...... 0.50 substantial number of small entities and retailers, not States. This action does not Bean, snap, succulent ...... 0.50 concluded that, as a general matter, alter the relationships or distribution of Beet, garden, roots ...... 0.75 these actions do not impose a significant power and responsibilities established Blueberry ...... 0.50 economic impact on a substantial by Congress in the preemption Caneberry subgroup 13-07A .... 0.75 number of small entities. These analyses provisions of section 408(n)(4) of Carrot, roots ...... 0.75 for tolerance establishments and FFDCA. For these same reasons, the Cattle, fat ...... 0.5 Agency has determined that this Cherry, sweet ...... 0.20 modifications, and for tolerance Cherry, tart ...... 0.20 revocations were published on May 4, proposed rule does not have any ‘‘tribal Cranberry ...... 0.50 1981 (46 FR 24950) and on December implications’’ as described in Executive Escarole ...... 0.7 17, 1997 (62 FR 66020) (FRL–5753–1), Order 13175, entitled Consultation and Fig ...... 0.50 respectively, and were provided to the Coordination with Indian Tribal Ginseng ...... 0.75 Chief Counsel for Advocacy of the Small Governments (65 FR 67249, November Hazelnut ...... 0.50 Business Administration. Taking into 9, 2000). Executive Order 13175, Kiwifruit1 ...... 0.75 account this analysis, and available requires EPA to develop an accountable Lettuce ...... 0.7 information concerning the pesticides process to ensure ‘‘meaningful and Melon ...... 0.75 timely input by tribal officials in the Nectarine ...... 0.20 listed in this proposed rule, the Agency Onion, bulb ...... 0.75 hereby certifies that this proposed rule development of regulatory policies that Onion, green ...... 0.75 will not have a significant negative have tribal implications.’’ ‘‘Policies that Peach ...... 0.20 economic impact on a substantial have tribal implications’’ is defined in Pear ...... 0.50 number of small entities. In a the Executive order to include Pea, succulent ...... 0.50 memorandum dated May 25, 2001, EPA regulations that have ‘‘substantial direct Pineapple ...... 0.50

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Commodity Parts per Expiration/ Expiration/ million Commodity Parts per Revocation Commodity Parts per Revocation million Date million Date Plum, prune, fresh ...... 0.20 Radish ...... 0.50 Caneberry sub- Sorghum grain, Rutabaga ...... 0.75 group 13-07A 12.0 None forage ...... 30 None Spinach ...... 0.70 Cabbage ...... 21 None Sorghum grain, Strawberry ...... 0.50 Cactus, fruit ...... 5.0 None grain ...... 10 None Tomato ...... 0.75 Cactus, pads ..... 12 None Sorghum, grain, Vegetable, brassica, leafy, Citrus, oil ...... 20 None stover ...... 30 None group 5 ...... 0.70 Clover, forage ... 50 None Soybean, seed .. 0.5 None Watercress ...... 0.05 Clover, hay ...... 70 None Soybean, forage 15 None Soybean, hay .... 15 None 1 Corn, field, for- There are no domestic registrations for Spinach ...... 22 None kiwifruit as of March 6, 2002. age ...... 30 None Corn, field, grain 0.02 None Strawberry ...... 4.0 None * * * * * Corn, field, sto- Sunflower, seed 0.5 None (c) Tolerances with regional ver ...... 20 None Sweet potato, registrations. Tolerances with regional Corn, pop, grain 0.02 None roots ...... 0.2 None registration, as defined in §180.1(m), are Corn, pop, sto- Trefoil, forage ... 15 None established for residues of the ver ...... 20 None Trefoil, hay ...... 25 None insecticide diazinon (O, O-diethyl O-(6- Corn, sweet, for- Vegetable, bras- sica, leafy, methyl-2-(1-methylethyl)-4- age ...... 185 None Corn, sweet, group 5, ex- pyrimidinyl]- phosphorothioate; CAS kernel plus cept cabbage 10 None Reg. No. 333–41–5) in or on the cob with Vegetable, following food commodities: husks re- cucurbit, moved ...... 0.1 None group 9 ...... 3.0 None Commodity Parts per Corn, sweet, Vegetable, foli- million stover ...... 215 None age legume, Cotton, group 7 ...... 60 None Almond ...... 0.50 undelinted Vegetable, Banana ...... 0.20 seed ...... 5.0 10/31/09 fruiting, group Celery ...... 0.70 Cranberry ...... 3.0 None 8 ...... 5.0 None Cucumber ...... 0.75 Dandelion, Vegetable, Parsley, leaves ...... 0.75 leaves ...... 22 None leaves of root Parsnip ...... 0.50 Endive ...... 10 None and tuber, Pepper ...... 0.5 Flax, seed ...... 0.5 None group 2, ex- Potato ...... 0.10 Fruit, citrus, cept sugar Potato, sweet ...... 0.10 group 10 ...... 10 None beet tops ...... 75 None Squash, summer ...... 0.50 Fruit, pome, Vegetable, leg- Squash, winter ...... 0.75 group 11 ...... 12 None ume, edible- Swiss chard ...... 0.70 Fruit, stone, podded, sub- Turnip, roots ...... 0.50 group 12 ...... 10 None group 6A ...... 10 None Turnip, tops ...... 0.75 Grain, aspirated Vegetable, root fractions ...... 70 None and tuber, * * * * * Grape ...... 10 None group 1, ex- 3. Section 180.169 is amended by Grape, raisin ..... 12 None cept sugar revising paragraphs (a)(1), (a)(2) and (c) Grass, forage .... 100 None beet and to read as follows: Grass, hay ...... 15 None sweet potato .. 2.0 None Leaf petiole sub- Walnut ...... 1.0 None § 180.169 Carbaryl; tolerances for group 4B ...... 3.0 None Wheat, forage ... 30 None residues. Lettuce ...... 10 None Wheat, grain ..... 1.0 None (a) General. (1) Tolerances are Millet, proso, Wheat, hay ...... 30 None established for residues of the grain ...... 1.0 None Wheat, straw ..... 20 None insecticide carbaryl (1-naphthyl N- Millet, proso, methylcarbamate) per se in/on the staw ...... 20 None (2) Tolerances are established for following food commodities: Nut, tree group residues of the insecticide carbaryl (1- 14, except naphthyl N-methylcarbamate) including Expiration/ walnut ...... 0.1 None its metabolites 1-naphthol (naphthyl- Parts per Okra ...... 4.0 None Commodity Revocation sulfate), 5,6-dihydrodihydroxycarbaryl million Date Olive ...... 10 None Oyster ...... 0.25 None and 5,6-dihydrodihydroxy naphthol, Alfalfa ...... 50 None Parsley, leaves 22 None calculated as 1-naphthyl N- Alfalfa, hay ...... 75 None Pea and bean, methylcarbamate and the free and Almond, hulls .... 50 None dried shelled, conjugated residues of carbaryl: 5,6- Apple, wet pom- except soy- dihydro-5,6-dihydroxy carbaryl, and 5- ace ...... 15 None bean, sub- methoxy-6-hydroxy carbaryl in/on the Asparagus ...... 15 None group 6C ...... 1.0 None following food commodities: Banana ...... 5.0 None Peanut ...... 0.05 None Beet, sugar, Peanut, hay ...... 20 None Expiration/ tops ...... 25 None Pineapple ...... 2.0 None Commodity Parts per Revocation Beet, sugar, Pistachio ...... 0.1 None million Date roots ...... 0.5 None Rice, grain ...... 15 None Bushberry sub- Rice, hulls ...... 30 None Cattle, fat ...... 0.5 None group 13-07B 3.0 None Rice, straw ...... 60 None Cattle, meat ...... 1.0 None

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Expiration/ dimethyl-N’-(3- Parts per Parts per Commodity million Commodity million Revocation trifluoromethyl)phenyl)urea) and its Date metabolite trifluoromethylaniline (TFMA) determined as TFMA in or on Apple ...... 0.50 Cattle, meat by- the following food commodities: Apple, wet pomace ...... 1.5 products ...... 3.0 None Grapefruit ...... 1.5 Egg ...... 0.5 10/30/09 Lemon ...... 0.60 Goat, fat ...... 0.5 None Parts per Commodity million Lime ...... 0.03 Goat, meat ...... 1.0 None Nectarine ...... 0.40 Goat, meat by- Cotton, gin byproducts ...... 3.5 Orange, sweet ...... 1.5 products ...... 3.0 None Cotton, undelinted seed ...... 1.0 Peach ...... 0.40 Hog, fat ...... 0.5 None Pear ...... 0.50 Hog, meat ...... 1.0 None (2) Tolerances are established for the Tangelo ...... 0.03 Hog, meat by- Tangerine ...... 0.03 products ...... 3.0 None combined residues of the herbicide fluometuron (N,N-dimethyl-N’-(3- Horse, fat ...... 0.5 None * * * * * Horse, meat ...... 1.0 None trifluoromethyl)phenyl)urea), its 7. Section 180.299 is revised to read Horse, meat by- metabolites determined as TFMA, and as follows: products ...... 3.0 None the hydroxylated metabolites [CGA- Milk ...... 1.0 None 236431 (1-(4-hydroxy-3-trifluoromethyl- § 180.299 Dicrotophos; tolerances for Poutry, fat ...... 5.0 10/30/09 residues. Poultry,meat ...... 5.0 10/30/09 phenyl)urea), CGA-236432 (1-methyl-3- Sheep, fat ...... 0.5 None (4-hydroxy-3- (a) General. Tolerances are Sheep, meat ..... 1.0 None trifluoromethylphenyl)urea), CGA- established for residues of the Sheep, meat by- 13211 (1,1-dimethyl-3-(4-hydroxy-3- insecticide dicrotophos (dimethyl products ...... 3.0 None trifluoromethylphenyl)urea)] in or on phosphate of 3-hydroxy-N,N-dimethyl- the following food commodities: cis-crotonamide) in/on the following * * * * * food commodities: (c) Tolerances with regional Parts per Commodity million registrations. Tolerances are established Commodity Parts per for the residues of the insecticide million Cattle, meat byproducts ...... 0.1 carbaryl (1-naphthyl N- Egg ...... 0.1 methylcarbamate) per se in/on the Cotton, gin by products ...... 2.0 Goat, meat byproducts ...... 0.1 Cotton, undelinted seed ...... 0.2 following food commodities: Hog, meat byproducts ...... 0.1 Horse, meat byproducts ...... 0.1 (b) Section 18 emergency exemptions. Parts per Commodity Milk ...... 0.02 [Reserved] million Poultry, fat ...... 0.1 Poultry, meat ...... 0.1 (c) Tolerances with regional Dillweed, fresh leaves ...... 0.2 Poultry, meat byproducts ...... 0.1 registrations. [Reserved] Sheep, meat byproducts ...... 0.1 (d) Indirect or inadvertent residues. * * * * * [Reserved] 4. Section 180.208 is amended by * * * * * revising the heading and paragraph (a) (d) Indirect or inadvertent residues. 8. Section 180.316 is amended by is to read as follows: Tolerances are established for the revising the table in paragraph (a) and combined residues of the herbicide by adding text to paragraph (d) to read § 180.208 Benfluralin; tolerances for as follows: residues. fluometuron (N, N-dimethyl-N’-(3- trifluoromethyl)phenyl)urea) and its (a) General. Tolerances are § 180.316 Pyrazon; tolerances for metabolite trifluoromethylaniline established for residues of the herbicide residues. (TFMA) determined as TFMA in or on benfluralin, (N-Butyl-N-ethyl-aaa- (a) General. *** the following food commodities. trifluoro-2,6-dinitro-p-toluidine) in or on the following food commodities: Parts per Parts per Commodity million Commodity million Parts per Beet, garden, roots ...... 0.9 Commodity million Grain, cereal, group 15 ...... 0.5 Beets, garden, tops ...... 7.0 Grain, cereal, forage group 16 3.0 Alfalfa, forage ...... 0.05 Beets, sugar, molasses ...... 1.5 Grain, cereal, fodder, and Beets, sugar, roots ...... 0.2 Alfalfa, hay ...... 0.05 straw, group 16 ...... 6.0 Clover, forage ...... 0.05 Beets, sugar, tops ...... 3.0 Peanut ...... 0.1 Cattle, fat ...... 0.10 Clover, hay ...... 0.05 Peanut, hay ...... 4.0 Lettuce ...... 0.05 Cattle, liver ...... 0.15 Peanut, meal ...... 0.2 Cattle, meat ...... 0.10 Trefoil, forage ...... 0.05 Soybean, seed ...... 2.0 Trefoil, hay ...... 0.05 Cattle, meat byproducts, except Soybean, forage ...... 3.0 liver ...... 0.10 Soybean, hay ...... 3.0 Goat, fat ...... 0.10 * * * * * Rice, hulls ...... 1.0 Goat, liver ...... 0.15 5. Section 180.229 is amended by Wheat, milled byproducts ...... 1.0 Goat, meat ...... 0.10 revising paragraph (a) and adding text to Goat, meat byproducts, except paragraph (d) to read as follows: 6. Section 180.276 is amended by liver ...... 0.10 revising the table in paragraph (a) to Horse, fat ...... 0.10 § 180.229 Fluometuron; tolerances for read as follows: Horse, liver ...... 0.15 residues. Horse, meat ...... 0.10 (a) General. (1) Tolerances are § 180.276 Formetanate hydrochloride; Horse, meat byproducts, except established for the combined residues of tolerances for residues. liver ...... 0.10 the herbicide fluometuron (N, N- (a) General. *** Milk ...... 0.02

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Parts per Expiration/ § 180.364 Glyphosate; tolerances for Commodity million Parts per residues. Commodity million Revocation Date (a) General. * * * Sheep, fat ...... 0.10 Sheep, liver ...... 0.15 Rhubarb ...... 0.1 None Parts per Sheep, meat ...... 0.10 Rosemary ...... 0.1 None Commodity million Sheep, meat byproducts, ex- Savory, summer 0.1 None cept liver ...... 0.10 Savory, winter ... 0.1 None Acerola ...... 0.2 Spearmint, tops 0.1 None Alfalfa, seed ...... 0.5 * * * * * Strawberry ...... 0.1 None Almond, hulls ...... 25 (d) Indirect or inadvertent residues. Sweet potato, Aloe vera ...... 0.5 Tolerances are established for combined roots ...... 0.1 None Ambarella ...... 0.2 Vegetable, bras- Animal feed, nongrass, group residues of the herbicide pyrazon (5- sica, leafy, 18 ...... 400 amino-4-chloro-2-phenyl-3(2H)- group 5 ...... 0.1 None Artichoke, globe ...... 0.2 pyridazinone) and its metabolites Vegetable, Asparagus ...... 0.5 (calculated as pyrazon) in or on the fruiting, group Atemoya ...... 0.2 following food commodities: 8 ...... 0.1 None Avocado ...... 0.2 Bamboo, shoots ...... 0.2 Parts per Banana ...... 0.2 Commodity million (b) Section 18 emergency exemptions. Barley, bran ...... 30 [Reserved] Beet, sugar, dried pulp ...... 25 Corn, field, forage ...... 0.5 (c) Tolerances with regional Beet, sugar, roots ...... 10 Corn, field, stover ...... 0.5 registrations. Tolerances are established Beet, sugar, tops ...... 10 Soybean, forage ...... 0.5 for the herbicide napropamide (N,N- Berry group 13 ...... 0.2 Soybean, hay ...... 0.5 Betelnut ...... 1.0 Wheat, forage ...... 0.3 diethyl-2-(1-napthalenyloxy) Biriba ...... 0.2 Wheat, hay ...... 0.2 propionamide in or on the following Blimbe ...... 0.2 Wheat, straw ...... 0.1 food commodities: Borage, seed ...... 0.1 Breadfruit ...... 0.2 Expiration/ Cacao bean ...... 0.2 § 180.319 [Amended] Parts per Commodity million Revocation Cactus, fruit ...... 0.5 9. Section 180.319 is amended in the Date Cactus, pads ...... 0.5 table by removing the entry for Carbaryl Canistel ...... 0.2 (1-naphthyl N-methylcarbamate) and its Pomegranate .... 0.1 4/26/09 Canola, seed ...... 20 metabolites 1-naphthol, calculated as Cattle, meat byproducts ...... 5.0 carbaryl. (d) Indirect or inadvertent residues. Chaya ...... 1.0 [Reserved] Cherimoya ...... 0.2 10. Section 180.328 is revised to read Citrus, dried pulp ...... 1.5 Coconut ...... 0.1 as follows: 11. Section 180.356 is amended in Coffee, bean ...... 1.0 § 180.328 Napropamide; tolerances for paragraph (a) by revising the tolerance Corn, field, forage ...... 6.0 residues. Corn, field, grain ...... 5.0 level for the commodities listed in the Corn, pop, grain ...... 0.1 (a) General. Tolerances are table to read to as follows: Corn, sweet, grain ...... 0.1 established for the herbicide Cotton, gin byproducts ...... 175 § 180.356 Norflurazon; tolerances for napropamide (N,N-diethyl-2-(1- Cotton, undelinted seed ...... 40 residues. napthalenyloxy) propionamide in or on Cranberry ...... 0.2 the following food commodities: (a) General. * * * Crambe, seed ...... 0.1 Custard apple ...... 0.2 Expiration/ Parts per Date ...... 0.2 Parts per Commodity Dokudami ...... 2.0 Commodity million Revocation million Date Durian ...... 0.2 *** * * Egg ...... 0.05 Almond, hulls .... 0.1 None Epazote ...... 1.3 Artichoke, globe 0.1 4/26/09 Cattle, liver ...... 0.50 Feijoa ...... 0.2 Asparagus ...... 0.1 None *** * * Fig ...... 0.2 Avocado ...... 0.1 4/26/09 Fish ...... 0.25 Basil ...... 0.1 None Goat, liver ...... 0.50 Flax, meal ...... 8.0 Berry group 13 .. 0.1 None *** * * Flax, seed ...... 4.0 Cranberry ...... 0.1 None Fruit, citrus, group 10 ...... 0.5 Coffee, green Hog, liver ...... 0.50 Fruit, pome, group 11 ...... 0.2 bean ...... 0.1 None *** * * Fruit, stone, group 12 ...... 0.2 Fig ...... 0.1 4/26/09 Galangal, roots ...... 0.2 Fruit, citrus ...... 0.1 4/26/09 Horse, liver ...... 0.50 Ginger, white, flower ...... 0.2 Fruit, pome ...... 0.1 4/26/09 *** * * Goat, meat byproducts ...... 5.0 Fruit, stone ...... 0.1 4/26/09 Gourd, buffalo, seed ...... 0.1 Grape ...... 0.1 None Sheep, liver ...... 0.50 Governor’s plum ...... 0.2 Kiwifruit ...... 0.1 None *** * * Gow kee, leaves ...... 0.2 Marjoram ...... 0.1 None Grain, aspirated fractions ...... 100 Nut, tree, group Grain, cereal, forage, fodder 14 ...... 0.1 None * * * * * and straw, group 16, except Olive ...... 0.1 4/26/09 corn forage ...... 100 Peppermint, tops 0.1 None 12. Section 180.364 is amended by Grain, cereal, group 15 except Persimmon ...... 0.1 None revising the table in paragraph (a) to rice, wild rice, field corn, Pistachio ...... 0.1 04/26/09 read as follows: sweet corn, and popcorn ...... 30

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Parts per Parts per Parts per Commodity million Commodity million Commodity million

Grape ...... 0.2 Soybean, hay ...... 200 *** * * Grass, forage, fodder and hay, Soybean, hulls ...... 100 group 17 ...... 300 Soybean, seed ...... 20 Tomato ...... 0.10 Guava ...... 0.2 Spanish lime ...... 0.2 *** * * Herbs subgroup 19A ...... 0.2 Spearmint, tops ...... 200 Hog, meat byproducts ...... 5.0 Spice subgroup 19B ...... 7.0 Hop, dried cones ...... 7.0 Star apple ...... 0.2 * * * * * Horse, meat byproducts ...... 5.0 Starfruit ...... 0.2 14. Section 180.427 is amended by Ilama ...... 0.2 Stevia, dried leaves ...... 1.0 revising the heading and paragraph (a) Imbe ...... 0.2 Strawberry ...... 0.2 to read as follows: Imbu ...... 0.2 Sugar apple ...... 0.2 Jackfruit ...... 0.2 Sugarcane, cane ...... 2.0 § 180.427 Tau-fluvalinate; tolerances for Jaboticaba ...... 0.2 Sugarcane, molasses ...... 30 residues. Jojoba, seed ...... 0.1 Sunflower, seed ...... 85 (a) General. Tolerances are Juneberry ...... 0.2 Surinam cherry ...... 0.2 Kava, roots ...... 0.2 established for residues of the Tamarind ...... 0.2 insecticide tau-fluvalinate [cyano-(3- Kenaf, forage ...... 200 Tea, dried ...... 1.0 Kiwifruit ...... 0.2 Tea, instant ...... 7.0 phenoxyphenyl)methyl N-[2-chloro-4- Lesquerella, seed ...... 0.1 Teff, grain ...... 5.0 (trifluoromethyl)phenyl]-D-valinate] in/ Leucaena, forage ...... 200 Ti, leaves ...... 0.2 on the following food commodities: Lingonberry ...... 0.2 Ti, roots ...... 0.2 Longan ...... 0.2 Ugli fruit ...... 0.5 Commodity Parts per Lychee ...... 0.2 Vegetable, leafy, brassica, million Mamey apple ...... 0.2 group 5 ...... 0.2 Mango ...... 0.2 Vegetable, bulb, group 3 ...... 0.2 Honey ...... 0.02 Mangosteen ...... 0.2 Vegetable, cucurbit, group 9 .... 0.5 Marmaladebox ...... 0.2 Vegetable, foliage of legume, * * * * * Meadowfoam, seed ...... 0.1 except soybean, subgroup Mioga, flower ...... 0.2 [FR Doc. E8–11420 Filed 5–20–08; 8:45 am] 7A ...... 0.2 Mustard, seed ...... 0.1 BILLING CODE 6560–50–S Vegetable, fruiting, group 8 ...... 0.1 Noni ...... 0.20 Vegetable, leafy, except bras- Nut, pine ...... 1.0 sica, group 4 ...... 0.2 Nut, tree, group 14 ...... 1.0 DEPARTMENT OF THE INTERIOR Okra ...... 0.5 Vegetable, leaves of root and tuber, group 2, except sugar Olive ...... 0.2 Fish and Wildlife Service Oregano, Mexican, leaves ...... 2.0 beet tops ...... 0.2 Palm heart ...... 0.2 Vegetable, legume, group 6 ex- Palm heart, leaves ...... 0.2 cept soybean and pea, dry ... 5.0 50 CFR Part 17 Vegetable, root and tuber, Palm, oil ...... 0.1 [FWS–R1–ES–2008–0051; 92210–1117– group 1, except sugar beet ... 0.2 Papaya ...... 0.2 0000–FY08–B4] Papaya, mountain ...... 0.2 Wasabi, roots ...... 0.2 Passionfruit ...... 0.2 Water spinach, tops ...... 0.2 RIN 1018–AU37 Pawpaw ...... 0.2 Watercress, upland ...... 0.2 Pea, dry ...... 8.0 Wax jambu ...... 0.2 Endangered and Threatened Wildlife Peanut ...... 0.1 Yacon, tuber ...... 0.2 and Plants; Proposed Revised Peanut, hay ...... 0.5 Designation of Critical Habitat for the Pepper leaf, fresh leaves ...... 0.2 * * * * * Northern Spotted Owl (Strix Peppermint, tops ...... 200 13. Section 180.368 is amended by occidentalis caurina) Perilla, tops ...... 1.8 alphabetically adding commodities to AGENCY: Fish and Wildlife Service, Persimmon ...... 0.2 the table in paragraph (a)(1) to read as Pineapple ...... 0.1 Interior. follows: Pistachio ...... 1.0 ACTION: Proposed rule; reopening of Pomegranate ...... 0.2 § 180.368 Metolachlor; tolerances for comment period. Poultry, meat ...... 0.1 residues. Poultry, meat byproducts ...... 1.0 SUMMARY: We, the U.S. Fish and Pulasan ...... 0.2 (a) General. (1) * * * Wildlife Service (Service), announce the Quinoa, grain ...... 5.0 reopening of the comment period on the Rambutan ...... 0.2 Parts per Rapeseed, seed ...... 20 Commodity million proposed revised designation of critical Rice, grain ...... 0.1 habitat for the northern spotted owl Rice, grain, wild ...... 0.1 *** * * (Strix occidentalis caurina) under the Rose apple ...... 0.2 Endangered Species Act of 1973, as Safflower, seed ...... 85 Dill ...... 0.50 amended (Act). We also announce the Salal ...... 0.2 *** * * availability of the draft economic Sapodilla ...... 0.2 analysis (DEA) of the proposed revised Sapote, black ...... 0.2 Grass, forage ...... 10 critical habitat designation and an Sapote, mamey ...... 0.2 Grass, hay ...... 0.20 amended required determination Sapote, white ...... 0.2 *** * * Sesame, seed ...... 0.1 section of the proposal. We are Sheep, meat byproducts ...... 5.0 Okra ...... 0.50 reopening the comment period to allow Shellfish ...... 3.0 *** * * all interested parties an opportunity to Soursop ...... 0.2 comment simultaneously on the Soybean, forage ...... 100 Spinach ...... 0.50 proposed revised rule, the associated

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