53732 Federal Register/Vol. 73, No. 181/Wednesday, September 17

53732 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations

* * * * * available only in hard copy form. Office’s e-CFR site at http:// [FR Doc. E8–21589 Filed 9–16–08; 8:45 am] Publicly available docket materials are www.gpoaccess.gov/ecfr. available in the electronic docket at BILLING CODE 6560–50–S C. Can I File an Objection or Hearing http://www.regulations.gov, or, if only Request? available in hard copy, at the OPP ENVIRONMENTAL PROTECTION Regulatory Public Docket in Rm. S– Under section 408(g) of FFDCA, 21 AGENCY 4400, One Potomac Yard (South Bldg.), U.S.C. 436a, any person may file an 2777 S. Crystal Dr., Arlington, VA. The objection to any aspect of this regulation 40 CFR Part 180 Docket Facility is open from 8:30 a.m. and may also request a hearing on those [EPA–HQ–OPP–2007–0674; FRL–8375–2] to 4 p.m., Monday through Friday, objections. The EPA procedural excluding legal holidays. The Docket regulations which govern the 2,4-D, Bensulide, Chlorpyrifos, DCPA, Facility telephone number is (703) 305– submission of objections and requests Desmedipham, Dimethoate, 5805. for hearings appear in 40 CFR part 178. Fenamiphos, Metolachlor, Phorate, FOR FURTHER INFORMATION CONTACT: Jane You must file your objection or request Sethoxydim, Terbufos, Smith, Special Review and a hearing on this regulation in Tetrachlorvinphos, and Triallate; Reregistration Division (7508P), Office accordance with the instructions Tolerance Actions of Pesticide Programs, Environmental provided in 40 CFR part 178. To ensure Protection Agency, 1200 Pennsylvania proper receipt by EPA, you must AGENCY: Environmental Protection identify docket ID number EPA–HQ– Agency (EPA). Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 308– OPP–2007–0674 in the subject line on ACTION: Final rule. 0048; e-mail address: smith.jane- the first page of your submission. All [email protected]@epa.gov. requests must be in writing, and must be SUMMARY: EPA is revoking certain mailed or delivered to the Hearing Clerk tolerances for the herbicides SUPPLEMENTARY INFORMATION: on or before November 17, 2008. metolachlor and sethoxydim and the I. General Information In addition to filing an objection or insecticides chlorpyrifos, dimethoate, hearing request with the Hearing Clerk fenamiphos, terbufos, and A. Does this Action Apply to Me? as described in 40 CFR part 178, please tetrachlorvinphos. Also, EPA is You may be potentially affected by submit a copy of the filing that does not modifying certain tolerances for the this action if you are an agricultural contain any CBI for inclusion in the herbicides 2,4-D, DCPA, desmedipham, producer, food manufacturer, or public docket that is described in metolachlor, sethoxydim, and triallate pesticide manufacturer. Potentially ADDRESSES. Information not marked and the insecticides chlorpyrifos, affected entities may include, but are confidential pursuant to 40 CFR part 2 dimethoate, fenamiphos, phorate, and not limited to: may be disclosed publicly by EPA tetrachlorvinphos. In addition, EPA is • without prior notice. Submit your establishing new tolerances for the Crop production (NAICS code 111). • Animal production (NAICS code copies, identified by docket ID number herbicides bensulide, metolachlor, and EPA–HQ–OPP–2007–0674, by one of sethoxydim and the insecticide 112). • Food manufacturing (NAICS code the following methods. chlorpyrifos. The regulatory actions • Federal eRulemaking Portal: http:// finalized in this document are in follow- 311). • Pesticide manufacturing (NAICS www.regulations.gov. Follow the on-line up to the Agency’s reregistration instructions for submitting comments. program under the Federal Insecticide, code 32532). • This listing is not intended to be Mail: Office of Pesticide Programs Fungicide, and Rodenticide Act (OPP) Regulatory Public Docket (7502P), (FIFRA), and tolerance reassessment exhaustive, but rather provides a guide for readers regarding entities likely to be Environmental Protection Agency, 1200 program under the Federal Food, Drug, Pennsylvania Ave., NW., Washington, and Cosmetic Act (FFDCA), section affected by this action. Other types of entities not listed in this unit could also DC 20460–0001. 408(q). • Delivery: OPP Regulatory Public be affected. The North American Docket (7502P), Environmental DATES: This regulation is effective Industrial Classification System Protection Agency, Rm. S–4400, One September 17, 2008. Objections and (NAICS) codes have been provided to Potomac Yard (South Bldg.), 2777 S. requests for hearings must be received assist you and others in determining Crystal Dr., Arlington, VA. Deliveries on or before November 17, 2008, and whether this action might apply to are only accepted during the Docket must be filed in accordance with the certain entities. If you have any Facility’s normal hours of operation instructions provided in 40 CFR part questions regarding the applicability of (8:30 a.m. to 4 p.m., Monday through 178 (see also Unit I.C. of the this action to a particular entity, consult Friday, excluding legal holidays). SUPPLEMENTARY INFORMATION). the person listed under FOR FURTHER Special arrangements should be made ADDRESSES: EPA has established a INFORMATION CONTACT. docket for this action under docket for deliveries of boxed information. The identification (ID) number EPA–HQ– B. How Can I Access Electronic Copies Docket Facility telephone number is OPP–2007–0674. All documents in the of this Document? (703) 305–5805. docket are listed in the docket index In addition to accessing electronically II. Background available at http://www.regulations.gov. available documents at http:// Although listed in the index, some www.regulations.gov, you may access A. What Action is the Agency Taking? information is not publicly available, this Federal Register document In the Federal Register of February 6, e.g., Confidential Business Information electronically through the EPA Internet 2008 (73 FR 6867) (FRL–8345–2), (CBI) or other information whose under the ‘‘Federal Register’’ listings at August 8, 2007 (72 FR 44439) (FRL– disclosure is restricted by statute. http://www.epa.gov/fedrgstr. You may 8138–8), and May 23, 2007 (72 FR Certain other material, such as also access a frequently updated 28912) (FRL–8130–8), EPA issued copyrighted material, is not placed on electronic version of 40 CFR part 180 proposals to revoke, modify, and the Internet and will be publicly through the Government Printing establish specific tolerances for residues

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of the herbicides 2,4-D, bensulide, under FIFRA in the United States. the apple and grape tolerances DCPA, desmedipham, metolachlor, Those instances where registrations associated with chlorpyrifos. They have sethoxydim, and triallate and the were canceled were because the expressed concern about the economic insecticides chlorpyrifos, fenamiphos, registrant failed to pay the required impacts on exports to the United States phorate, dimethoate, terbufos, and maintenance fee and/or the registrant for growers, exporters, and others. tetrachlorvinphos. Also, the proposals voluntarily requested cancellation of Chlorpyrifos is considered a primary of February 6, 2008, August 8, 2007, and one or more registered uses of the economical tool for managing pests May 23, 2007, provided a 60–day pesticide active ingredient. The associated with tomato, apple, and comment period which invited public tolerances revoked by this final rule are grape production. comment for consideration and for no longer necessary to cover residues of Agency response. The EPA has support of tolerance retention under the relevant pesticides in or on proposed revoking the tolerance on FFDCA standards. domestically treated commodities or tomatoes, and reducing the tolerances In this final rule, EPA is revoking, commodities treated outside but on apples and grapes based on use modifying, and establishing specific imported into the United States. It is patterns resulting in lower residues due tolerances for residues of 2,4-D, EPA’s general practice to issue a final to the dietary risk posed to children. In bensulide, chlorpyrifos, DCPA, rule revoking those tolerances and June of 2000 a mitigation strategy was desmedipham, dimethoate, fenamiphos, tolerance exemptions for residues of developed between the EPA and metolachlor, phorate, sethoxydim, pesticide active ingredients on crop uses registrants of the technical and terbufos, tetrachlorvinphos, and triallate for which there are no active manufacturing use products at the time, in or on commodities listed in the registrations under FIFRA, unless any who agreed to mitigate, and in some regulatory text of this document. person in comments on the proposal cases, eliminate uses resulting in EPA is finalizing these tolerance indicates a need for the tolerance or reduced exposures and risks from actions in order to implement the tolerance exemption to cover residues in chlorpyrifos. Based on use patterns tolerance recommendations made or on imported commodities or legally before the June 2000 mitigation during the reregistration and tolerance treated domestic commodities. agreement, the acute dietary risk from reassessment processes (including EPA has historically been concerned residues of chlorpyrifos in/on food follow-up on canceled or additional that retention of tolerances that are not exceeded 100% for the most highly uses of pesticides). As part of these necessary to cover residues in or on exposed subpopulation, children 1–6 processes, EPA is required to determine legally treated foods may encourage years old, where greater than 100% whether each of the amended tolerances misuse of pesticides within the United constitutes dietary risk. The meets the safety standard of FFDCA. States. commodities that contributed the most The safety finding determination of Generally, EPA will proceed with the to that risk estimate are apples (residues ‘‘reasonable certainty of no harm’’ is revocation of these tolerances on the resulting from post-bloom uses), grapes discussed in detail in each grounds discussed in Unit II.A., if one (residues primarily on imported crops), Reregistration Eligibility Decision (RED) of the following conditions applies: and fresh tomatoes (residues primarily and Report on Food Quality Protection • Prior to EPA’s issuance of a FFDCA on imported crops). The mitigation Act (FQPA) Tolerance Reassessment section 408(f) order requesting measures in the June 2000 mitigation Progress and Interim Risk Management additional data or issuance of a FFDCA agreement addressed these dietary risks Decision (TRED) for the active section 408(d) or (e) order revoking the by ingredient. REDs and TREDs tolerances on other grounds, i. Canceling use on tomatoes and recommend the implementation of commenters retract the comment revoking the associated tolerance. certain tolerance actions, including identifying a need for the tolerance to be ii. Restricting use on apples to pre- modifications, to reflect current use retained. bloom (dormant) applications and patterns, to meet safety findings and • EPA independently verifies that the reducing the tolerance to 0.01 part per change commodity names and tolerance is no longer needed. million (ppm) to reflect this new use groupings in accordance with new EPA • The tolerance is not supported by pattern. policy. Printed copies of many REDs data that demonstrate that the tolerance iii. Reducing the tolerance on grapes and TREDs may be obtained from EPA’s meets the requirements under FQPA. to 0.01 ppm to reflect the domestic National Service Center for In response to the proposals dormant use pattern. Environmental Publications (EPA/ published in the Federal Register of With these mitigation measures in NSCEP), P.O. Box 42419, Cincinnati, February 6, 2008, and August 8, 2007, place, the acute dietary risk from food OH 45242–2419; telephone number: 1– EPA received comments during the 60– is below 100% for all population 800–490–9198; fax number: 1–513–489– day public comment period, as follows: subgroups, including the most sensitive 8695; Internet at http://www.epa.gov/ 1. Comment by Juan Antonio Castelo population subgroup, children 1–6 years ncepihom and from the National de la Rosa, Mexican grower, packers old meeting the safety standard in Technical Information Service (NTIS), and exporters of tomatoes and other accordance with FFDCA. Therefore, the 5285 Port Royal Rd., Springfield, VA vegetables; Juan Antonio Lopez Barajas, Agency is going forward with the 22161; telephone number: 1–800–553– Baja Produce, LLC; Ronald Bown F., revocation of the tolerance on tomatoes 6847 or (703) 605–6000; Internet at Asociacio´ n de Exportadores de Chile and the reduction of the tolerance levels http://www.ntis.gov. Electronic copies of A.G. (ASOEX); Hector CelisAguirre, for apples and grapes. REDs and TREDs are available on the Koor Intercomercial, SA; Celso G. 2. Comment by Syngenta. (EPA–HQ– Internet at http://www.regulations.gov Goseco, Ph.D.; Del Monte Fresh Produce 2007–0445–0013). i. Revocation of and http:// www.epa.gov/pesticides/ Company: Dr. J. Angel Saavedra, Dow tolerance in stone fruit - use of S- reregistration/status.htm. AgroSciences Mexico; Yasuyo metolachlor in stone fruit is an In this final rule, EPA is revoking Tadokoro, Lepon Holzworth & Kato important tool for Canadian fruit certain tolerances and/or tolerance PLLC. (EPA–HQ–OPP–2007–0445–0010– producers; and therefore, it would be exemptions because either they are no 0012). In summary, their comments beneficial to maintain United States longer needed or are associated with object to either the revocation of the tolerances to avoid any trade irritant food uses that are no longer registered tomato tolerance and/or the reduction of issues for these crops being exported

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from Canada to the United States. 4. Comment by private citizen (EPA– Agency response. In documents dated Canada currently has a tolerance of 0.1 HQ–OPP–2007–0674–0016 and December 16, 2004, January 7, 2005, and ppm for S-metolachlor in apples, –0016.1). A private citizen requested July 12, 2005, the Agency responded to apricots, cherries, peaches/nectarines, that the Agency retain the fenamiphos comments, concerning the human pears and plums. tolerances on apple, cottonseed, and health risk assessment, submitted ii. Increase in tolerance for Crop meat commodities citing information during Phase 3 and Phase 5 of the Group 6A from 0.3 ppm to 0.5 ppm - relative to risk as the basis for the public participation process for 2,4-D. Canada currently has a tolerance of 0.3 comment. These documents are available in docket ppm for S-metolachlor in peas and snap Agency response. The commenter did number EPA–HQ–OPP–2004–0167 beans. An increase in the United States address EPA’s basis for revocation of the (entries –0090, –0221, and 0242) at tolerance could result in a trade irritant tolerances, i.e., the fact there are no http://www.regulations.gov. The Agency for these crops exported from the United longer active U.S. registrations, and responded to NRDC’s comments on 2,4- States to Canada. therefore, no need for the tolerances. D in these documents and no new iii. Decrease in tolerance for Crop The expiration/revocation dates set for information is provided in their current Group 6C from 0.3 ppm to 0.1 ppm - the tolerances are based on the comment, therefore the Agency re- Canada currently has a tolerance of 0.3 cancellation of the last active product iterates the previous responses given ppm for S-metolachlor in dry beans. A registration containing the active there. The Agency notes that the 2,4-D decrease in the United States tolerance ingredient, fenamiphos. Therefore, the risk assessment states that the could result in a trade irritant for these Agency is revoking the fenamiphos toxicological database is complete with crops exported from Canada to the tolerances and is finalizing other the exception of a developmental United States. tolerance actions including any neurotoxicity study, a repeat 2– iv. Increase in tolerance for egg and revocations, modifications, generation reproduction study, and a meat from 0.02 pm to 0.04 ppm - establishments and nomenclature 28–day inhalation toxicity study. The Canada currently has a tolerance of 0.02 revisions in 40 CFR 180.349 as was FQPA database uncertainty factor has ppm for S-metolachlor in eggs, meat of proposed (including apple with a been included in the 2,4-D risk cattle, goats, hogs, poultry and sheep. expiration/revocation date of December assessment to address the uncertainties An increase in the United States 31, 2009) on February 6, 2008 (73 FR regarding developmental effects. The tolerance could result in a trade irritant 6867)(FRL–8345–2). Agency issued a Data Call-In for 2,4-D 5. Comment by Private Citizen (EPA– for these animal products exported from in 2007 and expects to receive the HQ–OPP–2007–0674–0018). A comment the United States to Canada. inhalation toxicity data in early 2009 was received from a private citizen who v. Increase tolerance in animal liver and developmental and reproduction agreed with the Agency’s proposed toxicity data in early 2011 (see (page 1 from 0.05 ppm to 0.1 ppm - Canada revocation of tolerances for dimethoate of the Addendum to February 2, 2007 currently has a tolerance of 0.05 ppm for residues of concern on apple; cabbage; Memorandum: Response to Public S-metolachlor in liver of cattle and collards; grape; lentil, seed; spinach; Comments on the Dimethoate IRED in poultry. An increase in the United and revision of lettuce to leaf lettuce the revised IRED dated 8–2007 for States tolerance could result in a trade (due to cancellation of the last details). Although additional data have irritant for these animal products dimethoate registration for use on head been required to confirm the exported from the United States to lettuce); and establishment of a reregistration eligibility decision, the Canada. tolerance on wheat forage at 2.0 ppm. Agency response. The fruit, stone Agency response. The Agency Agency bridged data and made group 12 tolerance is being revoked in appreciates the comment of support to conservative assumptions to conduct 40 CFR 180.368(a)(1) for metolachlor. implement the proposed dimethoate the risk assessment to make the There is currently no tolerance for S- tolerance actions. A response on reregistration eligibility decision until metolachlor in/on fruit, stone group 12 dimethoate tolerance actions is the confirmatory data are received. to be retained. Although the Agency provided in more detail in the Agency’s Should submitted data fail to confirm agrees with the harmonization of response to another comment on the reregistration eligibility decision, tolerances for both metolachlor and S- dimethoate which follows. the decision will be amended as metolachlor to prevent trade irritant 6. Comment by National Resources appropriate. However, the generic issues as discussed in Syngenta’s Defense Council (NRDC) OPP–2007– database supporting the reregistration of comments 2-5, and it appears the 0674–0017 and –0017.1). A comment 2,4-D for eligible uses has been residue data may support harmonization was received from the NRDC which reviewed and determined to be of these tolerances, any modification to states general agreement with a number substantially complete. In completing these tolerances needs to be formally of proposed tolerance revocations, but the risk assessment and reregistration proposed, which the Agency intends to also notes a number of proposed eligibility decision for 2,4-D, the Agency do in a future action. increases to tolerances or establishment has taken into account the complete 3. Comment by private citizen (EPA– of tolerances (including ones on toxicity profile for 2,4-D. Consequently, HQ–OPP–2007–0445–0014). Tolerances bensulide, desmedipham, fenamiphos, herein, the Agency is finalizing the should be established for residues of phorate, sethoxydim, and tolerance actions on 2,4-D as described metolachlor on okra and dill as a tetrachlorvinphos). In particular, NRDC in the proposal of February 6, 2008 (73 consequence of the seed and pod expresses concerns previously made to FR 6867)(FRL–8345–2). The Agency has vegetable crop group revisions. EPA on 2,4-D (including aggregate and determined that these increased Agency Response. The Agency agrees exposure risks, and FQPA safety factor; tolerances and new tolerances to be that okra and dill tolerances should be docket ID number EPA–HQ–OPP–2004– established are safe; i.e., there is a established. Tolerances were proposed 0167) and on dimethoate (including reasonable certainty that no harm will for residues of metolachlor in/on okra benchmark dose (BMD) analysis and the result from aggregate exposure to the and dill at 0.5 ppm in the Federal special FQPA 10X safety factor; docket pesticide chemical residue. Register May 21, 2008 (73 FR 29456) ID number EPA–HQ–OPP–2005–0084) In a document dated January 31, 2006, (FRL–8362–1). which it again references here. the Agency responded to comments

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submitted during Phase 5b of the public november/appendix9.pdf. be revised from pepper, tabasco at 0.5 participation process for dimethoate. Consequently, the Agency is finalizing ppm to pepper, nonbell at 0.5 ppm. The That document is available in docket the tolerance actions on dimethoate as residue data for the variety, tabasco number EPA–HQ–OPP–2005–0084 described in the proposal of February 6, pepper, require a tolerance of 0.5 ppm (entry –0036). The Agency responded to 2008. The Agency has determined that and the other nonbell peppers residue NRDC’s comments on the Dimethoate these increased tolerances and new levels are lower such that a tolerance of Revised Risk Assessments and Risk tolerances to be established are safe; i.e., 0.1 ppm is more appropriate. Therefore, Reduction Options on pages 20–26 of its there is a reasonable certainty that no the Agency has determined to retain the response. Because no new information harm will result from aggregate current terminology in 40 CFR is provided in their current comment, exposure to the pesticide chemical 180.368(a)(2) (as proposed) and (c)(2) for the Agency reiterates the previous residue. vegetable, fruiting, except tabasco responses given there. As described, Regarding proposed tolerance pepper, group 8 and pepper, tabasco, developmental and reproductive increases and establishments for respectively. toxicity studies are available for bensulide, desmedipham, fenamiphos, Bensulide. The chemical name for the dimethoate and omethoate. Prenatal phorate, sethoxydim, and bensulide oxygen analog that currently developmental toxicity studies in rats tetrachlorvinphos, while the commenter contains a typographical error in 40 CFR and rabbits showed no indication of expressed a general concern, no 180.241 is being corrected to S-(O,O- increased susceptibility of rat or rabbit chemical specific comments were made. diisopropyl phosphorothioate) ester of fetuses to in utero exposure to The Agency is finalizing the tolerance N-(2-mercaptoethyl) benzenesulfonamide. dimethoate or omethoate. Similarly, actions on dimethoate as described in the proposal of February 6, 2008. The there was no indication of increased B. What is the Agency’s Authority for Agency has determined that these susceptibility in the offspring as Taking this Action? increased tolerances and new tolerances compared to parental animals in the to be established are safe; i.e., there is EPA may issue a regulation reproduction studies. Acceptable a reasonable certainty that no harm will establishing, modifying, or revoking a developmental neurotoxicity and result from aggregate exposure to the tolerance under FFDCA section 408(e). comparative cholinesterase (ChE) pesticide chemical residue. In this final rule, EPA is establishing, studies are available for dimethoate. Triallate. Based on the available field modifying, and revoking tolerances to BMD analysis of the ChE data from the trial data that indicate triallate residues implement the tolerance comparative ChE study indicates that of concern as high as 0.42 ppm, the recommendations made during the juvenile animals exhibit similar Agency determined that a tolerance reregistration and tolerance sensitivity to dimethoate from acute or should be established in/on wheat reassessment processes, and as follow- multiple exposures. Furthermore, BMD forage at 0.5 ppm. This action was up on canceled uses of pesticides. As analysis indicates that use of the BMD inadvertently omitted in the Federal part of these processes, EPA is required L10 (the estimated dose at which 10% Register proposal published September to determine whether each of the ChE is observed at the lower 95% 27, 2006. In the Federal Register amended tolerances meets the safety confidence interval) for brain ChE is published August 8, 2007, the Agency standards under FFDCA. The safety protective for potential pup mortality; proposed the tolerance for wheat, forage finding determination is found in detail therefore, a special hazard-based FQPA at 0.5 ppm. In the Federal Register in each post-FQPA RED and TRED for factor is not needed. However, an published January 29, 2008 (73 FR the active ingredient. REDs and TREDs uncertainty factor of 100 was applied to 5104)(FRL–8348–8), the Agency recommend the implementation of the doses selected for risk assessment to finalized wheat, forage at 0.05 ppm certain tolerance actions, including account for both interspecies rather than 0.5 ppm incorrectly. modifications to reflect current use extrapolation and intraspecies Therefore, EPA is establishing and patterns, to meet safety findings, and variability. The BMD analysis of the pup correcting the tolerance in 40 CFR change commodity names and mortality data from the dimethoate DNT 180.314(c) for the combined triallate groupings in accordance with new EPA study was performed using EPA’s residues of concern in/on wheat, forage policy. Printed and electronic copies of Benchmark Dose Software (BMDS). The at 0.5 ppm. the REDs and TREDs are available as BMDS, user’s manual, and technical Sethoxydim. In the Federal Register provided in Unit II.A. guidance can be obtained at http:// published February 6, 2008 (73 FR EPA has issued post-FQPA REDs for www.epa.gov/ncea/bmds.htm. BMD 6867)(FRL–8345–2), the EPA proposed 2,4-D, bensulide, DCPA, desmedipham, analysis of brain ChE data was also revising commodity terminology in 40 dimethoate, fenamiphos, phorate, performed by the Agency using the CFR 180.412(a) for sethoxydim residues sethoxydim, terbufos, tetrachlorvinphos, exponential dose-response model. The of concern in/on corn, fodder to corn, and triallate, and TREDs for chlorpyrifos Agency’s development of the field, fodder at 2.5 ppm; corn, forage to and metolachlor, whose REDs were exponential model and the Agency’s use corn, field, stover at 2.0 ppm in error. completed prior to FQPA. Also, EPA of the model for ChE inhibition have The corrected revision should read in 40 issued a RED prior to FQPA for been well documented in previous SAP CFR 180.412(a) for sethoxydim residues tetrachlorvinphos and made a safety presentations since 2001, and are of concern in/on corn, fodder to corn, finding which reassessed its tolerances available on the EPA’s SAP website at field, stover at 2.5 ppm and corn, forage according to FFDCA standard, http://www.epa.gov/scipoly/sap/ to corn, field, forage at 2.0 ppm. maintaining them when new tolerances index.htm. Datasets upon which the Metolachlor. In the Federal Register were established as noted in Unit II.A. dimethoate BMD values are based along published August 8, 2007, the Agency REDs and TREDs contain the Agency’s with all model outputs were provided to recommended the terminology in 40 evaluation of the database for these the public at the time of the FIFRA SAP CFR 180.368(a)(2) be revised from pesticides, including statements in 2004. These can be found in the vegetable, fruiting, group 8, except regarding additional data on the active appendices to the dimethoate issue tabasco pepper at 0.1 ppm to vegetable ingredients that may be needed to paper on the EPA’s SAP website at fruiting, group 8, except nonbell pepper confirm the potential human health and http://www.epa.gov/scipoly/sap/2004/ at 0.1 ppm and in 40 CFR 180.368(c)(2) environmental risk assessments

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associated with current product uses, for passage through the channels of the RED and TRED, as mentioned in the and REDs state conditions under which trade. EPA is revoking fenamiphos proposed rule cited in Unit II.A. these uses and products will be eligible tolerances for 17 commodities as of Specific tolerance actions in this rule for reregistration. The REDs and TREDs December 31, 2009, and and how they compare to Codex MRLs recommended the establishment, tetrachlorvinphos tolerances within 18 (if any) is discussed in Unit II.A. modification, and/or revocation of months from the date of final tolerance IV. Statutory and Executive Order specific tolerances. RED and TRED publication for cattle, hog, and poultry Reviews recommendations such as establishing commodities. The Agency believes that or modifying tolerances, and in some these expiration/revocation dates allow In this final rule, EPA establishes cases revoking tolerances, are the result users to exhaust any existing stocks and tolerances under FFDCA section 408(e), of assessment under the FFDCA allows sufficient time for the passage of and also modifies and revokes specific standard of ‘‘reasonable certainty of no treated commodities through the tolerances established under FFDCA harm.’’ However, tolerance revocations channels of trade. section 408. The Office of Management recommended in REDs and TREDs that Any commodities listed in the and Budget (OMB) has exempted these are made final in this document do not regulatory text of this document that are types of actions (i.e., establishment and need such assessment when the treated with the pesticides subject to modification of a tolerance and tolerances are no longer necessary. this final rule, and that are in the tolerance revocation for which EPA’s general practice is to revoke channels of trade following the extraordinary circumstances do not tolerances for residues of pesticide tolerance revocations, shall be subject to exist) from review under Executive active ingredients on crops for which FFDCA section 408(1)(5), as established Order 12866, entitled Regulatory FIFRA registrations no longer exist and by FQPA. Under this unit, any residues Planning and Review (58 FR 51735, on which the pesticide may therefore no of these pesticides in or on such food October 4, 1993). Because this final rule longer be used in the United States. EPA shall not render the food adulterated so has been exempted from review under has historically been concerned that long as it is shown to the satisfaction of Executive Order 12866 due to its lack of retention of tolerances that are not the Food and Drug Administration that: significance, this final rule is not subject necessary to cover residues in or on 1. The residue is present as the result to Executive Order 13211, entitled legally treated foods may encourage of an application or use of the pesticide Actions Concerning Regulations That misuse of pesticides within the United at a time and in a manner that was Significantly Affect Energy Supply, States. Nonetheless, EPA will establish lawful under FIFRA. Distribution, or Use (66 FR 28355, May and maintain tolerances even when 2. The residue does not exceed the 22, 2001). This final rule does not corresponding domestic uses are level that was authorized at the time of contain any information collections canceled if the tolerances, which EPA the application or use to be present on subject to OMB approval under the refers to as ‘‘import tolerances,’’ are the food under a tolerance or exemption Paperwork Reduction Act (PRA), 44 necessary to allow importation into the from tolerance. Evidence to show that U.S.C. 3501 et seq., or impose any United States of food containing such food was lawfully treated may include enforceable duty or contain any pesticide residues. However, where records that verify the dates that the unfunded mandate as described under there are no imported commodities that pesticide was applied to such food. Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public require these import tolerances, the III. Are There Any International Trade Law 104–4). Nor does it require any Agency believes it is appropriate to Issues Raised by this Final Action? revoke tolerances for unregistered special considerations as required by pesticides in order to prevent potential In making its tolerance decisions, EPA Executive Order 12898, entitled Federal misuse. seeks to harmonize U.S. tolerances with Actions to Address Environmental When EPA establishes tolerances for international standards whenever Justice in Minority Populations and pesticide residues in or on raw possible, consistent with U.S. food Low-Income Populations (59 FR 7629, agricultural commodities, the Agency safety standards and agricultural February 16, 1994); or OMB review or gives consideration to possible pesticide practices. EPA considers the any other Agency action under residues in meat, milk, poultry, and/or international Maximum Residue Limits Executive Order 13045, entitled eggs produced by animals that are fed (MRLs) established by the Codex Protection of Children from agricultural products (for example, grain Alimentarius Commission, as required Environmental Health Risks and Safety or hay) containing pesticides residues by section 408(b)(4) of FFDCA. The Risks (62 FR 19885, April 23, 1997). (40 CFR 180.6). If there is no reasonable Codex Alimentarius is a joint United This action does not involve any expectation of finite pesticide residues Nations Food and Agriculture technical standards that would require in or on meat, milk, poultry, or eggs, Organization/World Health Agency consideration of voluntary then tolerances do not need to be Organization food standards program, consensus standards pursuant to section established for these commodities (40 and it is recognized as an international 12(d) of the National Technology CFR 180.6(b) and 180.6(c)). food safety standards-setting Transfer and Advancement Act of 1995 organization in trade agreements to (NTTAA), Public Law 104–13, section C. When Do These Actions Become which the United States is a party. EPA 12(d) (15 U.S.C. 272 note). Pursuant to Effective? may establish a tolerance that is the Regulatory Flexibility Act (RFA) (5 These actions become effective on the different from a Codex MRL; however, U.S.C. 601 et seq.), the Agency date of publication of this final rule in FFDCA section 408(b)(4) requires that previously assessed whether the Federal Register with the exception EPA explain the reasons for departing establishment of tolerances, exemptions of certain fenamiphos and from the Codex level in a notice from tolerances, raising of tolerance tetrachlorvinphos tolerances. The published for public comment. EPA’s levels, expansion of exemptions, or tolerances revoked in the rule (with effort to harmonize with Codex MRLs is revocations might significantly impact a exception) are associated with uses that summarized in the tolerance substantial number of small entities and have been canceled for several years. reassessment section of individual REDs concluded that, as a general matter, The Agency believes that treated and TREDs, and in the Residue these actions do not impose a significant commodities have had sufficient time Chemistry document which supports economic impact on a substantial

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number of small entities. These analyses effects on one or more Indian tribes, on Commodity Parts per million for tolerance establishments and the relationship between the Federal modifications, and for tolerance Government and the Indian tribes, or on ***** revocations were published on May 4, the distribution of power and Strawberry ...... 0.05 1981 (46 FR 24950) and on December responsibilities between the Federal ***** 17, 1997 (62 FR 66020) (FRL–5753–1), Government and Indian tribes.’’ This respectively, and were provided to the final rule will not have substantial * * * * * Chief Counsel for Advocacy of the Small direct effects on tribal governments, on ■ 3. Section 180.185 is amended by Business Administration. Taking into the relationship between the Federal removing the entry for ‘‘Vegetable, account this analysis, and available Government and Indian tribes, or on the brassica, leafy, group 5’’ from the table information concerning the pesticides distribution of power and in paragraph (d) and adding it listed in this rule, the Agency hereby responsibilities between the Federal alphabetically to the table in paragraph certifies that this final rule will not have Government and Indian tribes, as (a) to read as follows. a significant economic impact on a specified in Executive Order 13175. § 180.185 DCPA; tolerances for residues. Thus, Executive Order 13175 does not substantial number of small entities. (a)*** Furthermore, for the pesticides named apply to this final rule. in this final rule, the Agency knows of V. Congressional Review Act Commodity Parts per million no extraordinary circumstances that exist as to the present revocations that The Congressional Review Act, 5 ***** would change EPA’s previous analysis. U.S.C. 801 et seq., generally provides Vegetable, brassica, In addition, the Agency has determined that before a rule may take effect, the leafy, group 5 ...... 0.05 ***** that this action will not have a agency promulgating the rule must substantial direct effect on States, on the submit a rule report to each House of * * * * * relationship between the national the Congress and to the Comptroller ■ government and the States, or on the General of the United States. EPA will 4. Section 180.204 is amended by distribution of power and submit a report containing this rule and revising the section heading, the table in responsibilities among the various other required information to the U.S. paragraph (a), and paragraph (c) to read levels of government, as specified in Senate, the U.S. House of as follows: Representatives, and the Comptroller Executive Order 13132, entitled § 180.204 Dimethoate; tolerances for Federalism (64 FR 43255, August 10, General of the United States prior to residues. publication of this final rule in the 1999). Executive Order 13132 requires (a)*** EPA to develop an accountable process Federal Register. This final rule is not to ensure ‘‘meaningful and timely input a ‘‘major rule’’ as defined by 5 U.S.C. Commodity Parts per million by State and local officials in the 804(2). development of regulatory policies that Alfalfa, forage ...... 2.0 have federalism implications.’’ ‘‘Policies List of Subjects in 40 CFR Part 180 Alfalfa, hay ...... 2.0 that have federalism implications’’ is Bean, dry, seed ...... 2.0 Environmental protection, Bean, lima ...... 2.0 defined in the Executive order to Administrative practice and procedure, Bean, snap, succulent .... 2.0 include regulations that have Agricultural commodities, Pesticides Blueberry1 ...... 1.0 ‘‘substantial direct effects on the States, and pests, Reporting and recordkeeping Broccoli ...... 2.0 on the relationship between the national requirements. Cattle, meat byproducts 0.02 Cauliflower ...... 2.0 government and the States, or on the Dated: September 8, 2008. distribution of power and Celery ...... 2.0 Marty Monell, responsibilities among the various Citrus, dried pulp ...... 5.0 levels of government.’’ This final rule Acting Director, Office of Pesticide Programs. Corn, field, forage ...... 1.0 ■ Therefore, 40 CFR chapter I is Corn, field, grain ...... 0.1 directly regulates growers, food Corn, field, stover ...... 1.0 processors, food handlers, and food amended as follows: Corn, pop, grain ...... 0.1 retailers, not States. This action does not Corn, pop, stover ...... 1.0 alter the relationships or distribution of PART 180—[AMENDED] Corn, sweet, forage ...... 1.0 power and responsibilities established ■ 1. The authority citation for part 180 Cotton, undelinted seed 0.1 Egg ...... 0.02 by Congress in the preemption continues to read as follows: provisions of section 408(n)(4) of Endive ...... 2.0 FFDCA. For these same reasons, the Authority: 21 U.S.C. 321(q), 346a and 371. Goat, meat byproducts ... 0.02 ■ 2. Section 180.142 is amended by Grapefruit ...... 2.0 Agency has determined that this final Hog, meat byproducts .... 0.02 rule does not have any ‘‘tribal revising the entries for ‘‘Grape,’’ ‘‘Fruit, Horse, meat byproducts 0.02 implications’’ as described in Executive pome, group 11,’’ ‘‘Fruit, stone, group Kale ...... 2.0 Order 13175, entitled Consultation and 12,’’ and ‘‘Strawberry’’ in the table in Lemon ...... 2.0 Coordination with Indian Tribal paragraph (a) to read as follows: Lettuce, leaf ...... 2.0 Governments (65 FR 67249, November Melon ...... 1.0 § 180.142 2, 4-D; tolerances for residues. 9, 2000). Executive Order 13175, Milk ...... 0.002 requires EPA to develop an accountable (a)*** Mustard greens ...... 2.0 process to ensure ‘‘meaningful and Orange ...... 2.0 Commodity Parts per million Pea ...... 2.0 timely input by tribal officials in the Pear ...... 2.0 development of regulatory policies that ***** Pecan ...... 0.1 have tribal implications.’’ ‘‘Policies that Grape ...... 0.05 Pepper ...... 2.0 have tribal implications’’ is defined in ***** Potato ...... 0.2 the Executive order to include Fruit, pome, group 11 ..... 0.05 Poultry, meat byproducts 0.02 regulations that have ‘‘substantial direct Fruit, stone, group 12 ..... 0.05 Safflower, seed ...... 0.1

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Commodity Parts per million analog sulfoxide, and phorate oxygen Commodity Parts per million analog sulfone in or on the following Sheep, meat byproducts 0.02 food commodities: Onion, bulb ...... 0.10 Sorghum, grain, forage ... 0.1 Vegetable, brassica, Sorghum, grain, grain ..... 0.1 Commodity Parts per million leafy group 5 ...... 0.15 Sorghum, grain, stover ... 0.1 Vegetable, cucurbits Soybean, forage ...... 2.0 Bean, dry, seed ...... 0.05 group 9 ...... 0.15 Soybean, hay ...... 2.0 Bean, succulent ...... 0.05 Vegetable, fruiting group Soybean, seed ...... 0.05 Beet, sugar, roots ...... 0.3 8 ...... 0.10 Swiss chard ...... 2.0 Beet, sugar, tops ...... 3.0 Vegetable, leafy except Tangerine ...... 2.0 Coffee, green bean1 ...... 0.02 brassica group 4 ...... 0.15 Tomato ...... 2.0 Corn, field, forage ...... 0.5 Turnip, roots ...... 0.2 Corn, field, grain ...... 0.05 * * * * * Turnip, tops ...... 2.0 Corn, sweet, forage ...... 0.5 Wheat, forage ...... 2.0 Corn, sweet, kernel plus (c) Tolerances with regional Wheat, grain ...... 0.04 cob with husks re- registrations. Tolerances with regional Wheat, hay ...... 2.0 moved ...... 0.05 registration, as defined in § 180.1(m), Wheat, straw ...... 2.0 Cotton, undelinted seed 0.05 are established for the residues of S- 1 There are U.S. registrations as of August Hop, dried cones ...... 2.0 (O,O-diisopropyl phosphorodithioate) of 16, 1996. Peanut ...... 0.1 N-(2-mercaptoethyl) Potato ...... 0.2 * * * * * benzenesulfonamide including its Sorghum, grain, grain ..... 0.05 oxygen analog S-(O,O-diisopropyl (c) Tolerances with regional Sorghum, grain, stover ... 0.1 registrations. Tolerances with regional Soybean, seed ...... 0.05 phosphorothioate) of N-(2- registration, as defined in §180.1(m), are Sugarcane, cane ...... 0.05 mercaptoethyl) benzenesulfonamide in established for total residues of Wheat, forage ...... 1.5 or on the following food commodities: dimethoate including its oxygen analog Wheat, grain ...... 0.05 in or on the following food Wheat, hay ...... 1.5 Commodity Parts per million Wheat, straw ...... 0.05 commodities: Carrot, roots ...... 0.10 1 There are no U.S. registrations as of Sep- Commodity Parts per million tember 1, 1993 for the use of phorate on the growing crop, coffee. * * * * * Asparagus ...... 0.15 ■ 7. Section 180.252 is amended by Brussels sprouts ...... 5.0 * * * * * Cherry, sweet ...... 2.0 ■ 6. Section 180.241 is amended by revising paragraph (a) to read as follows: Cherry, tart ...... 2.0 revising the section heading and § 180.252 Tetrachlorvinphos; tolerances paragraphs (a) and (c) to read as follows: for residues. * * * * * ■ 5. Section 180.206 is amended by § 180.241 Bensulide; tolerances for (a) General. Tolerances are revising paragraph (a) to read as follows: residues. established for the combined residues of (a) General. Tolerances are the insecticide tetrachlorvinphos, (Z)-2- § 180.206 Phorate; tolerances for residues. established for the residues of S-(O,O- chloro-1-(2,4,5- trichlorophenyl) vinyl (a) General. Tolerances are diisopropyl phosphorodithioate) of N- dimethyl phosphate, and its established for the combined residues of (2-mercaptoethyl) benzenesulfonamide metabolites, 1-(2,4,5-trichlorophenyl)- the insecticide phorate (O,O-diethyl S including its oxygen analog S-(O,O- ethanol (free and conjugated forms), (ethylthio) methyl]phosphorodithioate), diisopropyl phosphorothioate) of N-(2- 2,4,5- trichloroacetophenone, and 1- phorate sulfoxide, phorate sulfone, mercaptoethyl) benzenesulfonamide in (2,4,5-trichlorophenyl)-ethanediol in/on phorate oxygen analog, phorate oxygen or on the following food commodities: the following food commodities:

Commodity Parts per million Expiration/Revocation Date

Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ...... 0.2 3/17/10 Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 1.0 3/17/10 Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0.5 3/17/10 Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ...... 2.0 3/17/10 Cattle, meat by products, except kidney and liver ...... 1.0 3/17/10 Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0.2 3/17/10 Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ...... 0.2 3/17/10 Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 1.0 3/17/10 Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0.5 3/17/10 Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ...... 2.0 3/17/10 Hog, meat byproducts, except kidney and liver ...... 1.0 3/17/10 Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 0.05 3/17/10 Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) ...... 7.0 3/17/10 Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ...... 2.0 3/17/10 Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) ...... 3.0 3/17/10 Poultry, meat byproducts, except liver ...... 2.0 3/17/10

* * * * * the table in paragraph (c) to read as § 180.314 Triallate; tolerance for residues. ■ 8. Section 180.314 is amended by follows: * * * * * revising the entry for ‘‘Wheat, forage’’ in (c)***

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

***** Corn, sweet, stover ...... 8.0 Turnip, roots ...... 1.0 Wheat, forage ...... 0.5 Cotton, undelinted seed 0.2 Turnip, tops ...... 0.3 ***** Cranberry ...... 1.0 Vegetable, brassica, Cucumber ...... 0.05 leafy, group 5 ...... 1.0 * * * * * Egg ...... 0.01 Vegetable, legume, ■ 9. Section 180.342 is amended by Fig ...... 0.01 group 6. except soy- revising paragraph (a)(1); removing Fruit, citrus, group 10 ..... 1.0 bean ...... 0.05 Goat, fat ...... 0.2 Walnut ...... 0.2 existing paragraph (a)(2); redesignating Goat, meat ...... 0.05 Wheat, forage ...... 3.0 paragraph (a)(3) as paragraph (a)(2); Goat, meat byproducts ... 0.05 Wheat, grain ...... 0.5 redesignating paragraph (a)(4) as Hazelnut ...... 0.2 Wheat, straw ...... 6.0 paragraph (a)(3); and by revising Hog, fat ...... 0.2 paragraph (c) to read as follows: Hog, meat ...... 0.05 * * * * * Hog, meat byproducts .... 0.05 § 180.342 Chlorpyrifos; tolerances for Horse, fat ...... 0.25 (c) Tolerances with regional residues. Horse, meat ...... 0.25 registrations. Tolerances with regional (a) General. (1) Tolerances are Horse, meat byproducts 0.25 registration, as defined in 180.1(m), are established for residues of the pesticide Kiwifruit ...... 2.0 established for residues of the pesticide chlorpyrifos per se (O,O-diethyl- O- Lettuce ...... 1.0 chlorpyrifos per se (O,O-diethyl- O- (3,5,6-trichloro-2-pyridyl) Milk, fat (Reflecting 0.01 (3,5,6-trichloro-2-pyridyl) phosphorothioate) in or on the ppm in whole milk) ...... 0.25 phosphorothioate) in or on the Nectarine ...... 0.05 following food commodities: following food commodities: Onion, bulb ...... 0.5 Peach ...... 0.05 Commodity Parts per million Commodity Parts per million Peanut ...... 0.2 Peanut, refined oil ...... 0.2 Alfalfa, forage ...... 3.0 Asparagus ...... 5.0 Alfalfa, hay ...... 13 Pear ...... 0.05 Grape ...... 0.01 Almond ...... 0.2 Pecan ...... 0.2 Pepper ...... 1.0 Almond, hulls ...... 12 * * * * * Apple ...... 0.01 Peppermint, tops ...... 0.8 Apple, wet pomace ...... 0.02 Peppermint, oil ...... 8.0 ■ 10. Section 180.349 is amended by Banana ...... 0.1 Plum, prune, fresh ...... 0.05 revising paragraph (a) and the table in Beet, sugar, dried pulp ... 5.0 Poultry, fat ...... 0.1 paragraph (c) to read as follows: Beet, sugar, molasses .... 15 Poultry, meat ...... 0.1 Beet, sugar, roots ...... 1.0 Poultry, meat byproducts 0.1 § 180.349 Fenamiphos; tolerances for Beet, sugar, tops ...... 8.0 Pumpkin ...... 0.05 residues. Cattle, fat ...... 0.3 Radish ...... 2.0 Cattle, meat ...... 0.05 Rutabaga ...... 0.5 (a) General. Tolerances are Cattle, meat byproducts 0.05 Sheep, fat ...... 0.2 established for the combined residues of Cherry, sweet ...... 1.0 Sheep, meat ...... 0.05 the nematocide fenaminphos, (ethyl 3- Cherry, tart ...... 1.0 Sheep, meat byproducts 0.05 methyl-4-(methylthio)phenyl (1- Citrus, dried pulp ...... 5.0 Spearmint, tops ...... 0.8 methylethyl)phosphoramidate, and its Citrus, oil ...... 20 Spearmint, oil ...... 8.0 cholinesterase inhibiting metabolites Corn, field, forage ...... 8.0 Sorghum, grain, forage ... 0.5 ethyl 3-methyl-4-(methylsulfinyl)phenyl Corn, field, grain ...... 0.05 Sorghum, grain, grain ..... 0.5 Corn, field, refined oil ..... 0.25 Sorghum, grain, stover ... 2.0 (1-methylethyl)phosphoramidate and Corn, field, stover ...... 8.0 Soybean, seed ...... 0.3 ethyl 3-methyl-4- Corn, sweet, forage ...... 8.0 Strawberry ...... 0.2 (methylsulfonyl)phenyl (1- Corn, sweet, kernel plus Sunflower, seed ...... 0.1 methylethyl)phosporamidate in or on cob with husk removed 0.05 Sweet potato, roots ...... 0.05 the following food commodities:

Commodity Parts per million Expiration/Revocation Date

Apple ...... 0.25 12/31/09 Banana1 ...... 0.10 None Brussels sprouts ...... 0.05 12/31/09 Cabbage ...... 0.10 12/31/09 Cherry, sweet ...... 0.25 12/31/09 Cherry, tart ...... 0.25 12/31/09 Citrus, dried pulp ...... 2.5 None Citrus, oil ...... 25.0 None Eggplant ...... 0.05 12/31/09 Fruit, citrus, group 101 ...... 0.50 None Garlic1 ...... 0.50 None Grape1 ...... 0.10 None Grape, raisin ...... 0.30 None Okra ...... 0.30 12/31/09 Peach ...... 0.25 12/31/09 Peanut ...... 1.0 12/31/09 Pineapple1 ...... 0.30 None Raspberry ...... 0.10 12/31/09 Strawberry ...... 0.60 12/31/09 1 There are no U.S. registrations as of December 31, 2009.

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* * * * * (c)***

Commodity Parts per million Expiration/Revocation Date

Asparagus ...... 0.02 12/31/09 Beet, garden roots ...... 1.5 12/31/09 Beet, garden, tops ...... 1.0 12/31/09 Cabbage, Chinese, bok choy ...... 0.50 12/31/09 Kiwifruit ...... 0.10 12/31/09 Pepper, nonbell ...... 0.60 12/31/09

* * * * * § 180.353 Desmedipham; tolerances for Commodity Parts per million ■ 11. Section 180.352 is revised to read residues. as follows: (a) * * * Goat, meat byproducts, except kidney and liver 0.04 § 180.352 Terbufos; tolerances for Commodity Parts per million Grass, forage ...... 10 residues. Grass, hay ...... 0.20 (a) General. Tolerances are ***** Horse, fat ...... 0.04 established for the combined residues of Beet, sugar, roots ...... 0.1 Horse, kidney ...... 0.20 Beet, sugar, tops ...... 5.0 the insecticide terbufos Horse, liver ...... 0.10 ***** Horse, meat ...... 0.04 (phosphorodithioic acid, S-(t- Horse, meat byproducts, butylthio)methyl O,O-diethyl ester) and (b) Section 18 emergency exemptions. except kidney and liver 0.04 its phosphorylated (cholinesterase- [Reserved] Milk ...... 0.02 inhibiting) metabolites (phosphorothioic * * * * * Nut, tree, group 14 ...... 0.10 acid, S-(t-butylthio)methyl O,O-diethyl 13. Section 180.368 is revised to read Okra ...... 0.50 Pea and bean, dried ester; phosphorothioic acid, S-(t- as follows: butylsulfinyl)methyl O,O-diethyl ester; shelled, except soy- phosphorothioic acid, S-(t- § 180.368 Metolachlor; tolerances for bean, subgroup 6C ..... 0.10 butylsulfonyl)methyl O,O-diethyl ester; residues. Pea and bean, succulent shelled, subgroup 6B .. 0.30 phosphorodithioic acid, S-(t- (a) General. (1) Tolerances are Peanut ...... 0.20 butylsulfinyl)methyl O,O-diethyl ester; established for the combined residues Peanut, hay ...... 20 and phosphorodithioic acid, S-(t- (free and bound) of the herbicide Peanut, meal ...... 0.40 butylsulfonyl)methyl O,O-diethyl ester) metolachlor, 2-chloro-N-(2- ethyl-6- Potato ...... 0.20 in or on food commodities: methylphenyl)-N-(2-methoxy-1- Poultry, fat ...... 0.04 methylethyl)acetamide, and its Poultry, meat ...... 0.04 Commodity Parts per million metabolites, determined as the Poultry, meat byproducts 0.04 derivatives, 2- [(2-ethyl-6- Safflower, seed ...... 0.10 Banana ...... 0.025 methylphenyl)amino]-1-propanol and 4- Sheep, fat ...... 0.04 Beet, sugar, roots ...... 0.05 Sheep, kidney ...... 0.20 Beet, sugar, tops ...... 0.1 (2-ethyl-6-methylphenyl)-2- hydroxy-5- Sheep, liver ...... 0.10 Coffee, green bean1 ...... 0.05 methyl-3-morpholinone, each expressed Sheep, meat ...... 0.04 Corn, field, forage ...... 0.5 as the parent compound in the Sheep, meat byproducts, Corn, field, grain ...... 0.5 following raw agricultural commodities: except kidney and liver 0.04 Corn, field, stover ...... 0.5 Sorghum, grain, forage ... 1.0 Corn, pop, grain ...... 0.5 Commodity Parts per million Sorghum, grain, grain ..... 0.30 Corn, pop, stover ...... 0.5 Sorghum, grain, stover ... 4.0 Corn, sweet, kernel plus Almond, hulls ...... 0.30 Soybean, forage ...... 5.0 cob with husks re- Animal feed, nongrass, Soybean, hay ...... 8.0 moved ...... 0.05 group 18 ...... 1.0 Soybean, seed ...... 0.20 Corn, sweet, forage ...... 0.5 Cattle, fat ...... 0.04 Spinach ...... 0.50 Corn, sweet, stover ...... 0.5 Cattle, kidney ...... 0.20 Tomato ...... 0.10 Sorghum, grain, forage ... 0.5 Cattle, liver ...... 0.10 Vegetable, foliage of leg- Sorghum, grain, grain ..... 0.05 Cattle, meat ...... 0.04 ume, subgroup 7A, ex- Sorghum, grain, stover ... 0.5 Cattle, meat byproducts, cept soybean ...... 15.0 except kidney and liver 0.04 1 There are no U. S. registrations as of Au- Vegetable, legume, edi- gust 2, 1995, for the use of terbufos on the Corn, field, forage ...... 6.0 ble podded, subgroup growing crop, coffee. Corn, field, grain ...... 0.10 6A ...... 0.50 Corn, field, stover ...... 6.0 (b) Section 18 emergency exemptions. Corn, sweet, forage ...... 6.0 [Reserved] Corn, sweet, kernel plus (2) Tolerances are established for the (c) Tolerances with regional cob with husks re- combined residues (free and bound) of registrations. [Reserved] moved ...... 0.10 the herbicide S-metolachlor S-2-chloro- (d) Indirect or inadvertent residues. Corn, sweet, stover ...... 6.0 N-(2-ethyl-6-methylphenyl)-N-(2- [Reserved] Cotton, gin byproducts ... 4.0 methoxy-1-methylethyl)acetamide, its ■ 12. Section 180.353 is amended by Cotton, undelinted seed 0.10 R-enantiomer, and its metabolites, Dill ...... 0.50 revising the entries for ‘‘Beet, sugar, Egg ...... 0.04 determined as the derivatives, 2-[2- roots’’ and ‘‘Beet, sugar, tops’’ in the Goat, fat ...... 0.04 ethyl-6-methylphenyl)amino]-1- table in paragraph (a), and removing and Goat, kidney ...... 0.20 propanol and 4-(2-ethyl-6- reserving paragraph (b) including the Goat, liver ...... 0.10 methylphenyl)-2-hydroxy-5-methyl-3- paragraph heading to read as follows: Goat, meat ...... 0.04 morpholinone, each expressed as the

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parent compound, in or on the Commodity Parts per million methylphenyl)amino]-1-propanol and 4- following raw agricultural commodities: (2-ethyl-6-methylphenyl)-2- hydroxy-5- Tomato, paste ...... 0.30 methyl-3-morpholinone, each expressed Commodity Parts per million Vegetable, foliage of leg- as the parent compound in the ume, except soybean, following raw agricultural commodities: Asparagus ...... 0.10 subgroup 7A ...... 15.0 Beet, sugar, molasses .... 2.0 Vegetable, fruiting, ex- Commodity Parts per million Beet, sugar, roots ...... 0.5 cept tabasco pepper, Beet, sugar, tops ...... 15.0 group 8 ...... 0.10 Animal feed, nongrass, Brassica, head and stem, Vegetable, leaf petioles, group 18 ...... 1.0 subgroup 5A ...... 0.60 subgroup 4B ...... 0.10 Barley, grain ...... 0.10 Cattle, fat ...... 0.04 Vegetable, legume, edi- Cattle, kidney ...... 0.20 ble podded, subgroup Barley, straw ...... 0.50 Cattle, liver ...... 0.05 6A ...... 0.50 Buckwheat, grain ...... 0.10 Cattle, meat ...... 0.02 Vegetable, root, except Millet, forage ...... 0.50 Cattle, meat byproducts, sugar beet, subgroup Millet, grain ...... 0.10 except kidney and liver 0.04 1B ...... 0.30 Millet, straw ...... 0.50 Corn, field, grain ...... 0.10 Vegetable, tuberous and Oat, forage ...... 0.50 Corn, field, forage ...... 6.0 corm, subgroup 1C ..... 0.20 Oat, grain ...... 0.10 Corn, field, stover ...... 6.0 Oat, straw ...... 0.50 Corn, pop, grain ...... 0.10 (b) Section 18 emergency exemptions. Rice, grain ...... 0.10 Corn, pop, stover ...... 6.0 [Reserved] Rice, straw ...... 0.50 Corn, sweet, forage ...... 6.0 (c) Tolerances with regional Rye, forage ...... 0.50 Corn, sweet, kernel plus registrations. (1) Tolerances with Rye, grain ...... 0.10 cob with husks re- Rye, straw ...... 0.50 moved ...... 0.10 regional registration as defined in Wheat, forage ...... 0.50 Corn, sweet, stover ...... 6.0 180.1(m) are established for the Cotton, gin byproducts ... 4.0 combined residues (free and bound) of Wheat, grain ...... 0.10 Cotton, undelinted seed 0.10 the herbicide metolachlor [2-chloro-N- Wheat, straw ...... 0.50 Egg ...... 0.02 (2-ethyl-6-methylphenyl)-N-(2-methoxy- Garlic, bulb ...... 0.10 1-methylethyl)acetamide] and its (2) Tolerances are established for the Goat, fat ...... 0.04 metabolites, determined as the indirect or inadvertent combined Goat, kidney ...... 0.20 derivatives, 2-[2-ethyl-6- residues (free and bound) of the Goat, liver ...... 0.05 Goat, meat ...... 0.02 methylphenyl)amino]-1-propanol and 4- herbicide S-metolachlor, S-2- chloro-N- Goat, meat byproducts, (2-ethyl-6-methylphenyl)-2-hydroxy-5- (2-ethyl-6-methylphenyl)-N-(2-methoxy- except kidney and liver 0.04 methyl-3-morpholinone, each expressed 1-methylethyl)acetamide, its R- Grass, forage ...... 10.0 as the parent compound, in or on the enantiomer, and its metabolites Grass, hay ...... 0.20 following raw agricultural commodities: determined as the derivatives, 2-[(2- Horse, fat ...... 0.04 ethyl-6-methylphenyl)amino]-1- Horse, kidney ...... 0.20 Commodity Parts per million propanol and 4-(2-ethyl-6- Horse, liver ...... 0.05 methylphenyl)-2-hydroxy-5-methyl-3- Horse, meat ...... 0.02 Pepper, nonbell ...... 0.50 Horse, meat byproducts, morpholinone, each expressed as the parent compound in or on the following except kidney and liver 0.04 (2) Tolerances with regional food commodities: Milk ...... 0.02 registration as defined in 180.1(m) are Onion, bulb ...... 0.10 Onion, green ...... 2.0 established for the combined residues Commodity Parts per million Peanut ...... 0.20 (free and bound) of the herbicide S- Pea and bean, dried metolachlor, S-2-chloro-N-(2-ethyl-6- Animal feed, nongrass, shelled, except soy- methylphenyl)-N-(2- methoxy-1- group 18 ...... 1.0 bean, subgroup 6C ..... 0.10 methylethyl)acetamide, its R- Barley, grain ...... 0.10 Peanut, hay ...... 20.0 enantiomer, and its metabolites, Barley, hay ...... 1.0 Peanut, meal ...... 0.40 determined as the derivatives, 2-[(2- Barley, straw ...... 0.50 Poultry, fat ...... 0.04 ethyl-6-methylphenyl)amino]-1- Buckwheat, grain ...... 0.10 Poultry, meat ...... 0.02 propanol and 4-(2-ethyl-6- Oat, forage ...... 0.50 Poultry, meat byproducts 0.04 methylphenyl)-2-hydroxy-5-methyl-3- Oat, grain ...... 0.10 Pumpkin ...... 0.10 Oat, hay ...... 1.0 Safflower, seed ...... 0.10 morpholinone, each expressed as the parent compound, in or on the Oat, straw ...... 0.50 Shallot, bulb ...... 0.10 Rice, grain ...... 0.10 Sheep, fat ...... 0.04 following raw agricultural commodities: Rice, straw ...... 0.50 Sheep, kidney ...... 0.20 Rye, forage ...... 0.50 Sheep, liver ...... 0.05 Commodity Parts per million Rye, grain ...... 0.10 Sheep, meat ...... 0.02 Sheep, meat byproducts, Pepper, tabasco ...... 0.50 Rye, straw ...... 0.50 except kidney and liver 0.04 Wheat, forage ...... 0.50 Sorghum, grain, forage ... 1.0 (d) Indirect or inadvertent residues. Wheat, grain ...... 0.10 Sorghum, grain, grain ..... 0.3 (1) Tolerances are established for the Wheat, hay ...... 1.0 Wheat, straw ...... 0.50 Sorghum, grain, stover ... 4.0 indirect or inadvertent combined Soybean, forage ...... 5.0 residues (free and bound) of the Soybean, hay ...... 8.0 herbicide metolachlor, 2-chloro-N-(2- ■ Soybean, seed ...... 0.20 14. Section 180.412 is amended by Spinach ...... 0.50 ethyl-6- methylphenyl)-N-(2-methoxy-1- revising in paragraph (c) the reference Squash, winter ...... 0.10 methylethyl)acetamide, and its ‘‘ § 180.1(n)’’ to read ‘‘§ 180.1(m)’’, and Sunflower, seed ...... 0.50 metabolites, determined as the in paragraph (a) by revising the table to Sunflower, meal ...... 1.0 derivatives, 2-[(2-ethyl-6- read as follows:

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§ 180.412 Sethoxydim; tolerances for Commodity Parts per million DATES: This final rule is effective residues. November 17, 2008, unless EPA (a)*** Potato granules/flakes .... 8.0 publishes a prior Federal Register Potato waste, processed 8.0 notice withdrawing this immediate final Commodity Parts per million Poultry, fat ...... 0.2 rule. All comments on the codification Poultry, meat ...... 0.2 of Hawaii’s underground storage tank Alfalfa, forage ...... 40 Poultry, meat byproducts 2.0 Alfalfa, hay ...... 40 Radish, tops ...... 4.5 program must be received by the close Almond, hulls ...... 2.0 Rapeseed, meal ...... 40 of business October 17, 2008. The Apricot ...... 0.2 Rapeseed, seed ...... 35 incorporation by reference of certain Apple, wet pomace ...... 0.8 Safflower, seed ...... 15 publications listed in the regulations is Asparagus ...... 4.0 Salal ...... 5.0 approved by the Director of the Federal Bean, succulent ...... 15 Sheep, fat ...... 0.2 Register, as of November 17, 2008, in Beet, sugar, molasses .... 10 Sheep, meat ...... 0.2 accordance with 5 U.S.C. 552(a). Beet, sugar, tops ...... 3.0 Sheep, meat byproducts 1.0 Blueberry ...... 4.0 Soybean, hay ...... 10 ADDRESSES: Submit your comments, Borage, meal ...... 10 Soybean, seed ...... 16 identified by Docket ID No. EPA–R09– Borage, seed ...... 6.0 Spearmint, tops ...... 30 UST–2007–112, by one of the following Buckwheat, flour ...... 25 Strawberry ...... 10 methods: Buckwheat, grain ...... 19 Sunflower, meal ...... 20 • http://www.regulations.gov: Follow Caneberry subgroup 13 Sunflower, seed ...... 7.0 the on-line instructions for submitting A ...... 5.0 Turnip, tops ...... 5.0 comments. Canola, meal ...... 40 Vegetable, brassica, • E-mail: [email protected]. Canola, seed ...... 35 leafy, group 5 ...... 5.0 • Fax: (415) 947–3530. Cattle, fat ...... 0.2 Vegetable, bulb, group 3 1.0 • Cattle, meat ...... 0.2 Vegetable, cucurbit, Mail: Laurie Amaro, U.S. EPA Cattle, meat byproducts 1.0 group 9 ...... 4.0 Region 9, 75 Hawthorne Street, (Mail Cherry, sweet ...... 0.2 Vegetable, fruiting, group Code: WST–8), San Francisco, CA Cherry, tart ...... 0.2 8 ...... 4.0 94105. Citrus, dried pulp ...... 1.5 Vegetable, leafy, except • Hand Delivery: Laurie Amaro, Clover, forage ...... 35 brassica, group 4 ...... 4.0 Waste Management Division, U.S. EPA Clover, hay ...... 55 Vegetable, root and Region 9, 75 Hawthorne Street, San Coriander, leaves ...... 4.0 tuber, group 1 ...... 4.0 Corn, field, forage ...... 2.0 Francisco, CA 94105. Such deliveries are only accepted during EPA’s normal Corn, field, grain ...... 0.5 * * * * * Corn, field, stover ...... 2.5 hours of operation and should be made Corn, sweet, forage ...... 3.0 [FR Doc. E8–21736 Filed 9–16–08; 8:45 am] to the EPA receptionist office on the Corn, sweet, kernel plus BILLING CODE 6560–50–S first floor. cob with husk removed 0.4 Instructions: Direct your comments to Corn, sweet, stover ...... 3.5 Docket ID No. EPA–R09–UST–2007– Cotton, undelinted seed 5.0 ENVIRONMENTAL PROTECTION 112. EPA’s policy is that all comments Cowpea, forage ...... 15 AGENCY Cowpea, hay ...... 50 received will be included in the public Cranberry ...... 2.5 40 CFR Part 282 docket without change and may be Dillweed, fresh leaves .... 10 made available online at http:// Egg ...... 2.0 [EPA–R09–UST–2007–1122; FRL–8716–3] www.regulations.gov including any Flax, seed ...... 5.0 personal information provided, unless Fruit, citrus, group 10 ..... 0.5 Underground Storage Tank Program: the comment includes information Fruit, pome, group 11 ..... 0.2 Approved State Program for Hawaii claimed to be Confidential Business Goat, fat ...... 0.2 Information (CBI) or other information Goat, meat ...... 0.2 AGENCY: Environmental Protection Goat, meat byproducts ... 1.0 Agency (EPA). whose disclosure is restricted by statue. Grape ...... 1.0 ACTION: Immediate final rule. Do not submit information that you Grape, raisin ...... 2.0 consider to be CBI or otherwise Hog, fat ...... 0.2 SUMMARY: The Resource Conservation protected through http:// Hog, meat ...... 0.2 and Recovery Act of 1976, as amended www.regulations.gov or e-mail. The Hog, meat byproducts .... 1.0 (RCRA), authorizes EPA to grant http://www.regulations.gov Web site is Horse, fat ...... 0.2 approval to States to operate their an ‘‘anonymous access’’ system, which Horse, meat ...... 0.2 underground storage tank programs in means WPA will not know your identity Horse, meat byproducts 1.0 lieu of the Federal program. This action Juneberry ...... 5.0 or contact information unless you Lingonberry ...... 5.0 codifies EPA’s decision to approve State provide it in the body of your comment. Milk ...... 0.5 programs and incorporates by reference If you send an e-mail comment directly Nectarine ...... 0.2 those provisions of the State statutes to EPA without going through http:// Nut, tree, group 14 ...... 0.2 and regulations that will be subject to www.regulations.gov your e-mail Okra ...... 2.5 EPA’s inspection and enforcement address will be automatically captured Pea and bean, dried authorities in accordance with sections and included as part of the comment shelled, except soy- 9005 and 9006 of RCRA Subtitle I and that is placed in the public docket and bean, subgroup 6C ..... 25 other applicable statutory and made available on the Internet. If you Pea, field, hay ...... 40 regulatory provisions. This rule codifies Pea, field, vines ...... 20 submit an electronic comment, EPA Pea, succulent ...... 10 the prior approval of the State of recommends that you include your Peach ...... 0.2 Hawaii’s underground storage tank name and other contact information in Peanut ...... 25 program and incorporates by reference the body of your comment and with any Peppermint, tops ...... 30 appropriate provisions of State statutes disk or CD–ROM you submit. If EPA Pistachio ...... 0.2 and regulations. cannot read your comment due to

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