Federal Register/Vol. 74, No. 175/Friday, September 11, 2009

Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46689

Unfunded Mandates Reform Act of 1995 amino}carbonyl)phenyl]urea, calculated (d) Indirect or inadvertent residues. (UMRA) (Public Law 104–4). as the stoichiometric equivalent of [Reserved] This action does not involve any saflufenacil, in or on the commodities. [FR Doc. E9–21826 Filed 9–10–09; 8:45 am] technical standards that would require Agency consideration of voluntary Commodity Parts per million BILLING CODE 6560–50–S consensus standards pursuant to section 12(d) of the National Technology Almond, hulls ...... 0.10 Cotton, gin byproducts ... 0.10 ENVIRONMENTAL PROTECTION Transfer and Advancement Act of 1995 AGENCY (NTTAA), Public Law 104–113, section Cotton, undelinted seed 0.03 12(d) (15 U.S.C. 272 note). Fruit, citrus, group 10 ..... 0.03 Fruit, pome, group 11 ..... 0.03 40 CFR Part 180 VII. Congressional Review Act Fruit, stone, group 12 ..... 0.03 [EPA–HQ–OPP–2008–0834; FRL–8426–2] Grain, cereal, forage, The Congressional Review Act, 5 fodder and straw Azinphos-methyl, Disulfoton, U.S.C. 801 et seq., generally provides Group 16 ...... 0.10 Esfenvalerate, Ethylene oxide, that before a rule may take effect, the Grain, cereal, group 15 .. 0.03 Fenvalerate, et al.; Tolerance Actions agency promulgating the rule must Grape ...... 0.03 submit a rule report to each House of Nut, tree, group 14 ...... 0.03 AGENCY: Environmental Protection the Congress and to the Comptroller Pistachio ...... 0.03 Agency (EPA). General of the United States. EPA will Sunflower, seed ...... 1.0 ACTION: Final rule. submit a report containing this rule and Vegetable, foliage of leg- other required information to the U.S. ume, group 7 ...... 0.10 SUMMARY: EPA is revoking certain Senate, the U.S. House of Vegetable, legume, tolerances for the fungicides Representatives, and the Comptroller group 6 ...... 0.03 prothioconazole and thiabendazole; the General of the United States prior to herbicide primisulfuron-methyl; and the publication of this final rule in the (2) Tolerances are established for insecticides azinphos-methyl, Federal Register. This final rule is not residues of saflufenacil, including its disulfoton, esfenvalerate, fenvalerate, a ‘‘major rule’’ as defined by 5 U.S.C. metabolites and degradates, in or on the and phosalone; the plant growth 804(2). commodities in the table below. regulator 1-naphthaleneacetic acid; and Compliance with the tolerance levels the antimicrobial/insecticidal agent List of Subjects in 40 CFR Part 180 specified below is to be determined by ethylene oxide. Also, EPA is modifying Environmental protection, measuring only saflufenacil, 2-chloro-5- certain tolerances for the insecticides Administrative practice and procedure, [3,6-dihydro-3-methyl-2,6-dioxo-4- disulfoton, esfenvalerate, and phosmet; Agricultural commodities, Pesticides (trifluoromethyl)-1(2H)-pyrimidinyl]-4- and the plant growth regulator 1- and pests, Reporting and recordkeeping fluoro-N-[[methyl(1-methylethyl) naphthaleneacetic. In addition, EPA is requirements. amino]sulfonyl]benzamide, in or on the establishing new tolerances for the Dated: September 2, 2009. commodities. insecticides disulfoton, esfenvalerate, Debra Edwards, and phosmet; and the antimicrobial/ Commodity Parts per million Director, Office of Pesticide Programs. insecticidal agent ethylene oxide and ethylene chlorohydrin (a reaction ■ Therefore, 40 CFR chapter I is Cattle, fat ...... 0.01 product formed during the fumigation/ amended as follows: Cattle, liver ...... 0.80 sterilization process). The regulatory Cattle, meat ...... 0.01 actions finalized in this document are in PART 180—[AMENDED] Cattle, meat byproducts, except liver ...... 0.02 follow-up to the Agency’s reregistration ■ 1. The authority citation for part 180 Goat, fat ...... 0.01 program under the Federal Insecticide, continues to read as follows: Goat, liver ...... 0.80 Fungicide, and Rodenticide Act Authority: 21 U.S.C. 321(q), 346a and 371. Goat, meat ...... 0.01 (FIFRA), and tolerance reassessment Goat, meat byproducts, program under the Federal Food, Drug, ■ 2. Section 180.649 is added to read as except liver ...... 0.02 and Cosmetic Act (FFDCA), section follows: Hog, fat ...... 0.01 408(q). Hog, liver ...... 0.80 DATES: § 180.649 Saflufenacil; tolerances for Hog, meat ...... 0.01 This regulation is effective residues. Hog, meat byproducts, September 11, 2009. Objections and (a) General. (1) Tolerances are except liver ...... 0.02 requests for hearings must be received established for residues of saflufenacil, Horse, fat ...... 0.01 on or before November 10, 2009, and including its metabolites and Horse, liver ...... 0.80 must be filed in accordance with the degradates, in or on the commodities in Horse, meat ...... 0.01 instructions provided in 40 CFR part the table below. Compliance with the Horse, meat byproducts, 178 (see also Unit I.C. of the tolerance levels specified below is to be except liver ...... 0.02 SUPPLEMENTARY INFORMATION). determined by measuring only the sum Milk ...... 0.01 ADDRESSES: EPA has established a of saflufenacil, 2-chloro-5-[3,6-dihydro- Sheep, fat ...... 0.01 docket for this action under docket Sheep, liver ...... 0.80 3-methyl-2,6-dioxo-4-(trifluoromethyl)- identification (ID) number EPA–HQ– Sheep, meat ...... 0.01 1(2H)-pyrimidinyl]-4-fluoro-N- Sheep, meat byproducts, OPP–2008–0834. All documents in the [[methyl(1-methylethyl)amino] except liver ...... 0.02 docket are listed in the docket index sulfonyl]benzamide, and its metabolites available at http://www.regulations.gov. N-[2-chloro-5-(2,6-dioxo-4- Although listed in the index, some (trifluoromethyl)-3,6-dihydro-1(2H)- (b) Section 18 emergency exemptions. information is not publicly available, pyrimidinyl)-4-fluorobenzoyl]-N′- [Reserved] e.g., Confidential Business Information isopropylsulfamide and (c) Tolerances with regional (CBI) or other information whose fluoro-5-({[(isopropylamino)sulfonyl] registrations. [Reserved] disclosure is restricted by statute.

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES 46690 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations

Certain other material, such as electronic version of 40 CFR part 180 prothioconazole and thiabendazole; the copyrighted material, is not placed on through the Government Printing herbicide primisulfuron-methyl; and the the Internet and will be publicly Office’s e-CFR site at http:// insecticides azinphos-methyl, available only in hard copy form. www.gpoaccess.gov/ecfr. disulfoton, esfenvalerate, fenvalerate, Publicly available docket materials are phosalone, and phosmet; and the plant C. Can I File an Objection or Hearing available in the electronic docket at growth regulator 1-naphthaleneacetic Request? http://www.regulations.gov, or, if only acid; and the antimicrobial/insecticidal available in hard copy, at the OPP Under section 408(g) of FFDCA, 21 agent ethylene oxide and ethylene Regulatory Public Docket in Rm. S– U.S.C. 436a, any person may file an chlorohydrin (a reaction product formed 4400, One Potomac Yard (South Bldg.), objection to any aspect of this regulation during the fumigation/sterilization 2777 S. Crystal Dr., Arlington, VA. The and may also request a hearing on those process). Also, the proposal of Docket Facility is open from 8:30 a.m. objections. The EPA procedural December 31, 2008 (73 FR 80317) to 4 p.m., Monday through Friday, regulations which govern the provided a 60–day comment period excluding legal holidays. The Docket submission of objections and requests which invited public comment for Facility telephone number is (703) 305– for hearings appear in 40 CFR part 178. consideration and for support of 5805. You must file your objection or request tolerance retention under FFDCA FOR FURTHER INFORMATION CONTACT: a hearing on this regulation in standards. Joseph Nevola, Special Review and accordance with the instructions In this final rule, EPA is revoking, Reregistration Division (7508P), Office provided in 40 CFR part 178. To ensure modifying, and establishing specific of Pesticide Programs, Environmental proper receipt by EPA, you must tolerances for residues of azinphos- Protection Agency, 1200 Pennsylvania identify docket ID number EPA–HQ– methyl, disulfoton, esfenvalerate, Ave., NW., Washington, DC 20460– OPP–2008–0834 in the subject line on ethylene oxide, ethylene chlorohydrin, 0001; telephone number: (703) 308– the first page of your submission. All fenvalerate, 1-naphthaleneacetic acid, 8037; e-mail address: requests must be in writing, and must be phosalone, phosmet, prothioconazole, [email protected]. mailed or delivered to the Hearing Clerk primisulfuron-methyl, and on or before November 10, 2009. SUPPLEMENTARY INFORMATION: thiabendazole in or on commodities In addition to filing an objection or listed in the regulatory text of this I. General Information hearing request with the Hearing Clerk document. as described in 40 CFR part 178, please A. Does this Action Apply to Me? EPA is finalizing these tolerance submit a copy of the filing that does not actions in order to implement the You may be potentially affected by contain any CBI for inclusion in the tolerance recommendations made this action if you are an agricultural public docket that is described in during the reregistration and tolerance producer, food manufacturer, or ADDRESSES. Information not marked reassessment processes (including pesticide manufacturer. Potentially confidential pursuant to 40 CFR part 2 follow-up on canceled or additional affected entities may include, but are may be disclosed publicly by EPA uses of pesticides). As part of these not limited to: without prior notice. Submit your processes, EPA is required to determine • Crop production (NAICS code 111). copies, identified by docket ID number • Animal production (NAICS code whether each of the amended tolerances EPA–HQ–OPP–2008–0834, by one of meets the safety standard of FFDCA. 112). the following methods. • Food manufacturing (NAICS code • The safety finding determination of Federal eRulemaking Portal: http:// ‘‘reasonable certainty of no harm’’ is 311). www.regulations.gov. Follow the on-line • Pesticide manufacturing (NAICS discussed in detail in each instructions for submitting comments. Reregistration Eligibility Decision (RED) code 32532). •Mail: Office of Pesticide Programs This listing is not intended to be and Report on FQPA Tolerance (OPP) Regulatory Public Docket (7502P), exhaustive, but rather provides a guide Reassessment Progress and Interim Risk Environmental Protection Agency, 1200 for readers regarding entities likely to be Management Decision (TRED) for the Pennsylvania Ave., NW., Washington, affected by this action. Other types of active ingredient. REDs and TREDs DC 20460–0001. recommend the implementation of entities not listed in this unit could also •Delivery: OPP Regulatory Public be affected. The North American certain tolerance actions, including Docket (7502P), Environmental modifications, to reflect current use Industrial Classification System Protection Agency, Rm. S–4400, One (NAICS) codes have been provided to patterns, to meet safety findings and Potomac Yard (South Bldg.), 2777 S. change commodity names and assist you and others in determining Crystal Dr., Arlington, VA. Deliveries whether this action might apply to groupings in accordance with new EPA are only accepted during the Docket policy. Printed copies of many REDs certain entities. If you have any Facility’s normal hours of operation questions regarding the applicability of and TREDs may be obtained from EPA’s (8:30 a.m. to 4 p.m., Monday through National Service Center for this action to a particular entity, consult Friday, excluding legal holidays). FOR FURTHER Environmental Publications (EPA/ the person listed under Special arrangements should be made INFORMATION CONTACT. NSCEP), P.O. Box 42419, Cincinnati, for deliveries of boxed information. The OH 45242–2419; telephone number: 1– B. How Can I Access Electronic Copies Docket Facility telephone number is 800–490–9198; fax number: 1–513–489– of this Document? (703) 305–5805. 8695; Internet at http://www.epa.gov/ In addition to accessing electronically II. Background ncepihom and from the National available documents at http:// Technical Information Service (NTIS), www.regulations.gov, you may access A. What Action is the Agency Taking? 5285 Port Royal Rd., Springfield, VA this Federal Register document In the Federal Register of December 22161; telephone number: 1–800–553– electronically through the EPA Internet 31, 2008 (73 FR 80317) (FRL–8394–7), 6847 or (703) 605–6000; Internet at under the ‘‘Federal Register’’ listings at EPA issued a proposal to revoke, http://www.ntis.gov. Electronic copies of http://www.epa.gov/fedrgstr. You may modify, and establish specific tolerances REDs and TREDs are available on the also access a frequently updated for residues of the fungicides Internet at http://www.regulations.gov

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46691

and http://www.epa.gov/pesticides/ zero tolerance levels should be azinphos-methyl on apples and pears reregistration/status.htm. acceptable. not be revoked, but rather remain in In this final rule, EPA is revoking Agency response. The commenter did place to maintain trade flows with the certain tolerances and/or tolerance not take issue with any of the Agency’s United States. Several of these exemptions because either they are no specific conclusions to modify, revoke, commenters also stated that the longer needed or are associated with or establish certain tolerances. Also, the azinphos-methyl tolerance revocations food uses that are no longer registered commenter did not refer to any specific were not associated with dietary risks under FIFRA in the United States. studies which pertained to those and that use of alternatives to azinphos- Those instances where registrations conclusions. EPA believes that the methyl would be costly to growers there were canceled were because the tolerance actions finalized herein meet and U.S. consumers. registrant failed to pay the required the safety standard of FFDCA section iii. Comment by Makhteshim Agan of maintenance fee and/or the registrant 408, 21 U.S.C. 346a. In developing REDs North America, Inc. (MANA). The voluntarily requested cancellation of and TREDs, EPA worked with commenter, a manufacturer of azinphos- one or more registered uses of the stakeholders, pesticide registrants, methyl, expressed concern that pesticide active ingredient. The growers, and other pesticide users, azinphos-methyl treated crops may be tolerances revoked by this final rule are environmental and public health in channels of trade beyond last no longer necessary to cover residues of interests, the States, the U.S. azinphos-methyl use dates. Also, the relevant pesticides in or on Department of Agriculture, other MANA stated that the azinphos-methyl domestically treated commodities or Federal agencies, and others to develop tolerance revocations were not commodities treated outside but voluntary measures or regulatory associated with dietary risks. In imported into the United States. It is controls needed to effectively reduce addition, MANA stated that import EPA’s general practice to issue a final risks of concern. Such options include tolerances may be necessary because in rule revoking those tolerances and voluntary cancellation of pesticide 2008, the United States imported 93 tolerance exemptions for residues of products or deletion of uses, declaring million kilograms of apples from Chile, pesticide active ingredients on crop uses certain uses ineligible or not yet eligible, 2 million kilograms of apples from for which there are no active restricting use of products to certified Argentina, 25 million kilograms of pears registrations under FIFRA, unless any applicators, limiting the amount or from Chile, and 37 million kilograms of person in comments on the proposal frequency of use, improving use pears from Argentina, countries where indicates a need for the tolerance or directions and precautions, adding more azinphos-methyl is used to treat apples tolerance exemption to cover residues in protective clothing and equipment and pears. Furthermore, MANA stated or on imported commodities or legally requirements, requiring special that in 2006, the United States imported treated domestic commodities. packaging or engineering controls, 40% of fruit, 15% of vegetables, and requiring no-treatment buffer zones, 18% of nuts and that a substantial EPA has historically been concerned employing environmental and number of crops have been treated with that retention of tolerances that are not ecological safeguards, and other azinphos-methyl and expressed concern necessary to cover residues in or on measures. that tolerance revocation would legally treated foods may encourage 2. Azinphos-methyl—i. Comment by discriminate against foreign food misuse of pesticides within the United the Cranberry Institute. The Cranberry commodities for sale in the United States. Institute requested that the tolerance on States and internationally accepted Generally, EPA will proceed with the cranberry be maintained until the scientific evidence in violation of the revocation of these tolerances on the planned Canadian phase-out in 2012, World Trade Organization’s General grounds discussed in Unit II.A. if one of and the commenter also requested that Agreement on Tariffs and Trade (GATT) the following conditions applies: a channels of trade date be made as • Articles III and III.3, against GATT Prior to EPA’s issuance of a FFDCA 2014. The commenter stated that much Members in violation of GATT Articles section 408(f) order requesting of the Canadian cranberry crop is II.2. and II.3, and Member standards in additional data or issuance of a FFDCA imported into the United States. violation of GATT Article IV. Finally, section 408(d) or (e) order revoking the ii. Comments by Argentina’s Secretary MANA requested that the U.S. tolerances on other grounds, of Agriculture and multiple growers tolerances for azinphos-methyl on commenters retract the comment organizations in Argentina, Chile, apples, almonds, almond hulls, identifying a need for the tolerance to be Mexico, and Uruguay. The Secretary of blueberries, Brussels sprouts, cherries, retained. Agriculture in Argentina requested that crabapples, parsley leaves, parsley • EPA independently verifies that the the U.S. tolerances for azinphos-methyl turnip roots, peaches, pistachios, and tolerance is no longer needed. on apples, pears, and cherries not be walnuts not be revoked, but rather • The tolerance is not supported by revoked, but rather remain in place to remain in place to maintain trade flows data that demonstrate that the tolerance maintain trade flows with the United with the United States. meets the requirements under FQPA. States. The commenter stated that in iv. Comment by the Association of This final rule does not revoke those 2008, Argentina exported 2 and 37 Exporters of Chile (ASOEX). ASOEX, a tolerances for which EPA received million kilograms of apples and pears, non-governmental Chilean organization, comments stating a need for the respectively, to the United States and stated that the Agency’s proposal to tolerance to be retained. In response to that a diminished supply of apples and revoke tolerances for azinphos-methyl the proposal published in the Federal pears may raise costs for U.S. on pome fruit, stone fruit, berries, and Register of December 31, 2008 (73 FR consumers. Also, the Secretary of kiwifruit would be an unfair restriction 80317), EPA received comments during Agriculture in Argentina stated that the on international trade, prohibited by the 60–day public comment period, as azinphos-methyl tolerance revocations GATT, and requested that the tolerances follows: were not associated with dietary risks. not be revoked. 1. General—comment by private Multiple commenters from agricultural Agency response. According to the citizen. An anonymous comment was organizations in Argentina and one revised Canadian phase-out schedule for received which expressed concerns grower organization from Uruguay also azinphos-methyl, the last date for use of about pesticides on food and that only requested that the U.S. tolerances for azinphos-methyl by users in Canada on

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES 46692 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations

cranberries is December 31, 2012. In the countries. EPA published guidances on satisfy registration requirements and Federal Register of December 31, 2008 pesticide import tolerances and residue used the tiered approach originally (73 FR 80317)(FRL–8394–7), EPA data for imported food in the Federal proposed by DuPont in tolerance proposed tolerance actions for several Register notices of April 5, 2006 (71 FR petition PP#4F4329, which included active ingredients including a proposal 17099)(FRL–7772–1) and June 1, 2000 that fenvalerate tolerances greater than to revoke the tolerance for residues of (65 FR 35069)(FRL–6559–3). or equal to 1.0 ppm but less than or azinphos-methyl on cranberry in 40 CFR The Agency is revoking the following equal to 2.0 ppm, should be divided by 180.154 and, as described in Unit II.C. azinphos-methyl tolerances in 40 CFR 2 in a conversion to esfenvalerate of that document, the revocation would 180.154, for which no commenter tolerances for certain crop commodities, become effective on the date of expressed a need: Alfalfa, forage; alfalfa, including peas, where the Agency publication of the final rule. Because the hay; bean, snap, succulent; broccoli; recommended a tolerance of 0.5 ppm in Cranberry Institute has expressed a need cabbage; cauliflower; celery; clover, or on succulent pea. Therefore, because for maintenance of the tolerance until forage; clover, hay; cotton, undelinted the Agency considers that to be the the end of 2012 for import purposes, seed; cucumber; eggplant; fruit, citrus, appropriate tolerance, EPA is EPA is revoking the U.S. tolerance for group 10; grape; hazelnut; melon; onion; establishing the tolerance on pea, residues of azinphos-methyl in 40 CFR pecan; pepper; potato; spinach; succulent in 40 CFR 180.533(a)(1) at 0.5 180.154 on cranberry at 0.5 ppm with an strawberry; tomato, postharvest; trefoil, ppm. expiration/revocation date of December forage; and trefoil, hay. Also, the The supporting data for the tolerance 31, 2012. Commodities treated with Agency is removing the expired on kohlrabi comes from two field trials pesticides that are in the channels of tolerance in 40 CFR 180.154 on in Texas. However, in Table 1 of trade following tolerance revocation are sugarcane, cane. guideline 860.1500 for crop field trials, subject to FFDCA section 408(l)(5). 3. Esfenvalerate—comment by DuPont available at http:/www.epa.gov/opptsfrs/ Under this section, any residues of Crop Protection. DuPont Crop publications/OPPTS_Harmonized/860_ pesticides in or on such food shall not Protection stated that a tolerance of 1.0 Residue_Chemistry_Test_Guidelines/ render the food adulterated so long as it ppm on succulent peas is appropriate Series/860-1500.pdf, the minimum for esfenvalerate, that the regional is shown to the satisfaction of the Food number of crop field trials for kohlrabi tolerance for okra at 0.1 ppm for and Drug Administration that the is listed to be three. In addition, when esfenvalerate be retained because there residue is present as the result of an the Agency reviewed the 1996 petition, is a pending IR-4 request to set okra as application or use of the pesticide at a it determined at that time that the labels a national tolerance at 0.5 ppm based on time and in a manner that was lawful should bear directions for kohlrabi existing pepper data, that the kohlrabi under FIFRA and the residue does not grown in Texas only. Therefore, the and head lettuce tolerances not be made exceed the level that was authorized at available data do not support a national regional tolerances because kohlrabi is the time of the application or use to be (non-geographically restricted) tolerance not geographically restricted and present on the food under a tolerance or for esfenvalerate. Consequently, EPA is DuPont expects to submit a label exemption from a tolerance. Evidence to amendment which removes the recodifying the tolerance for kohlrabi at show that food was lawfully treated may geographical restriction on head lettuce 2.0 ppm from 40 CFR 180.533(a) into 40 include records that verify the dates that for esfenvalerate. Also, DuPont CFR 180.533(c) as a regional tolerance. the pesticide was applied to such food. requested that a national tolerance be If the commenter has any additional Currently, there is no tolerance for established on pistachios at 0.1 ppm information to provide on this issue, it azinphos-methyl residues in or on and a regional tolerance be established should submit it to the Agency for kiwifruit and kiwifruit was not on cardoon at 1.0 ppm based on consideration. addressed in the proposal of December pending tolerance petitions (PP#7F4859 Because the available data that the 31, 2008 (73 FR 80317). Based on and PP#0E3912, respectively). In Agency has reviewed and approved comments which expressed a need to addition, DuPont notes that the Agency supports a regional tolerance for head retain specific tolerances for proposed revocation in 40 CFR lettuce, EPA is recodifying the tolerance importation purposes into the United 180.379(a)(3) for the tolerance on for lettuce, head at 5.0 ppm from 40 CFR States, EPA will not revoke tolerances soybean hulls for fenvalerate and states 180.533(a) into 40 CFR 180.533(c) as a for residues of azinphos-methyl in or on that, using the conversion method, one regional tolerance. Should the almond; almond, hulls; apple; should be established for esfenvalerate commenter submit additional blackberry; blueberry; boysenberry; at 0.5 ppm. information, the Agency will consider it Brussels sprouts; cherry; crabapple; Agency response. In the Federal and take any appropriate actions. loganberry; parsley, leaves; parsley, Register of December 31, 2008 (73 FR Regarding tolerance petition turnip rooted, roots; peach; pear; 80317)(FRL–8394–7), EPA proposed to PP#6E7096, which proposed a tolerance pistachio; plum, prune; quince; revoke the tolerances in 40 CFR on okra, the Agency notes that the raspberry; and walnut in 40 CFR 180.379(a) for residues of fenvalerate in petitioner needs to submit revised 180.154 at this time. Therefore, any or on pea at 1.0 ppm and pea, dry, seed Sections B and F of the petition. See arguments regarding GATT are moot at at 0.25 ppm with expiration/revocation guidelines 860.1200 (http:/ this time. However, retaining these dates of April 2, 2010, and establish www.epa.gov/opptsfrs/publications/ tolerances indefinitely will likely tolerances in 40 CFR 180.533(a)(1) for OPPTS_Harmonized/860_Residue_ require submission of data to residues of esfenvalerate, its non- Chemistry_Test_Guidelines/Series/860- demonstrate their safety. EPA believes racemic isomer, and its diastereomers in 1200.pdf) and 860.1550 (http:/www.epa. that residue data from foreign countries, or on pea, succulent at 0.5 ppm and pea, gov/opptsfrs/publications/ and perhaps other data, will be needed dry, seed at 0.25 ppm. Esfenvalerate is OPPTS_Harmonized/860_Residue_ to support import tolerances for an enriched isomer of fenvalerate and Chemistry_Test_Guidelines/Series/860- azinphos-methyl. For example, bridging studies (field trial data) 1550.pdf), respectively, available at domestic U.S. residue data are not likely indicate that esfenvalerate residues are http:/www.epa.gov/opptsfrs/home/ to be representative of growing lower than fenvalerate residues. The guidelin.htm. However, due to an conditions and use patterns in other Agency agreed that bridging data could existing regional tolerance for

VerDate Nov<24>2008 16:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46693

fenvalerate on okra and EPA’s proposed Residue Chemistry Chapter, fenvalerate dried’’ may not be as comprehensive as establishment of tolerances in 40 CFR residues concentrated approximately the existing tolerances. Also, the 180.533(a) for esfenvalerate residues of 20X in soybean hulls, and with a commenters provided a list of spices. In concern in or on pepper and tomato soybean seed tolerance of 0.05 ppm an addition, McDermott, Will, and Emery (whose bridging data the Agency appropriate fenvalerate tolerance on on behalf of ASTA, stated that there has determined can be translated to okra) at soybean hulls is calculated by the been some difficulty in meeting the 0.5 ppm, the Agency agrees that the Agency to be 1.0 ppm. An expected proposed tolerance value for the tolerance on okra should be established fenvalerate tolerance level of 1.0 ppm reaction product, 2-chloroethanol, for esfenvalerate at this time. This is should be divided by 2 for esfenvalerate commonly referred to as ethylene consistent with the Agency’s proposal conversion, so that the Agency believes chlorohydrin (ECH), and that some of published on December 31, 2008 (73 FR that a tolerance on soybean, hulls at 0.5 ASTA’s members need additional time 80317) to convert tolerances for ppm should be established for to address application steps to help fenvalerate to esfenvalerate. Therefore, esfenvalerate at this time. This is assure that the tolerance proposal for EPA is establishing a permanent consistent with the Agency’s proposal ECH tolerances can be met. Therefore, tolerance in 40 CFR 180.533(a)(1) for published on December 31, 2008 (73 FR ASTA is requesting that the finalization esfenvalerate residues of concern in or 80317) to convert tolerances for of the ECH tolerances not be made fenvalerate to esfenvalerate. Therefore, on okra at 0.5 ppm. Also, the Agency effective before August 31, 2009. notes that label revisions are required to EPA is establishing a tolerance in 40 specify a maximum seasonal application CFR 180.533(a)(1) on soybean, hulls at Agency response. Certain spices rate of 0.5 lb active ingredient/Acre (ai/ 0.5 ppm. depicted in ASTA’s list (Capsicums, A) for okra. Petition PP#0E3912, which EPA did not propose in a notice for ginger, horseradish, paprika, garlic, proposed a tolerance for cardoon, comment to revise the tolerance onion, turmeric, and arrowroot) are proposed the tolerance in terms of nomenclature for esfenvalerate in 40 covered by the proposed tolerances on fenvalerate and the petitioner needs to CFR 180.533(a)(1) from sorghum, forage ‘‘vegetable, dried.’’ Camomile (German submit a revised Section F to request a to sorghum, grain, forage, and turnip, or Hungarian) is covered by camomile; tolerance for esfenvalerate. Regarding tops to turnip, greens is current Agency oregano is covered by the preferred term tolerance petition PP#7F4859, which practice. However, section 553(b)(3)(B) marjoram, and pink peppercorns is proposed a tolerance on pistachio, the of the Administrative Procedure Act covered by black pepper within the petitioner needs to submit a revised provides that notice and comment is not proposed tolerance on ‘‘herb and spice, Section F to correct the tolerance necessary ‘‘when the agency for good group 19, dried, except basil.’’ However, expression and the commodity name. cause finds (and incorporates the there are four commodities (licorice Consequently, after the Agency receives finding and a brief statement of reasons roots, peppermint and spearmint leaves, each revised Section F, the Agency therefore in the rules issued) that notice and sesame seeds) cited by ASTA and expects to address cardoon and and public procedure thereon are Cosmed that are not currently covered pistachio in a future publication in the impracticable, unnecessary, or contrary by proposed tolerances for ‘‘vegetable, Federal Register. to the public interest.’’ Consequently, dried’’ or ‘‘herb and spice, group 19, for good cause, EPA is revising the dried, except basil.’’ In the future, the The April 2006, Residue Chemistry tolerance terminology in 40 CFR Chapter for esfenvalerate, posted in the Agency may revise crop groupings (e.g., 180.533(a)(1) from sorghum, forage to the Agency may consider the addition of docket of the proposed rule of December sorghum, grain, forage, and turnip, tops 31, 2008 (73 FR 80317), noted that the licorice roots into vegetable, root and to turnip, greens. The reason for taking tuber, group 1, which would then cover Agency would allow conversion of the this action is because such action has no established fenvalerate tolerance on licorice roots as a spice under vegetable, practical impact on the use of or dried). At this time, the Agency soybean (seed) to esfenvalerate. exposure to the pesticide active determined that addition of individual However, it did not mention ingredient, esfenvalerate, in or on that tolerances for these four commodities at establishing an esfenvalerate tolerance commodity and is made such that the 7 ppm for ethylene oxide residues and for soybean hulls. Instead, it tolerance terminology will conform to 940 ppm for ethylene chlorohydrin inadvertently recommended retaining current Agency practice. the fenvalerate tolerance on soybean Consequently, in addition to the residues does not significantly affect the hulls for import purposes instead of establishment of tolerances on okra and dietary risk assessment. Therefore, EPA revocation concomitant with the soybean, hulls, and the revising of the is establishing tolerances in 40 CFR establishment of that tolerance for tolerance nomenclature for sorghum, 180.151(a)(1) for residues of the esfenvalerate based on available forage to sorghum, grain, forage, the antimicrobial agent and insecticide bridging data. Typically, the Agency Agency is finalizing all other ethylene oxide, when used as a provides for public comment, including amendments proposed concerning postharvest fumigant, in or on licorice, requests to maintain tolerances for esfenvalerate in the Federal Register of roots; peppermint, tops, dried; import purposes, in its publication in December 31, 2008 (73 FR 80317). spearmint, tops, dried; and sesame, the Federal Register of a proposed 4. Ethylene oxide (ETO)—comments seed; each at 7 ppm and in 40 CFR tolerance revocation. No public by the American Spice Trade 180.151(a)(2) for residues of the comments were received by the Agency Association (ASTA) and Cosmed Group, ethylene oxide reaction product, 2- during the 60–day comment period Inc.. The commenters, McDermott, Will, chloroethanol, commonly referred to as provided by the proposed rule of and Emery on behalf of ASTA, and the ethylene chlorohydrin, when ethylene December 31, 2008 (73 FR 80317) Cosmed Group, Inc., expressed concern oxide is used as a postharvest fumigant, regarding a request to maintain any that while they are not objecting to the in or on licorice, roots; peppermint, fenvalerate tolerances for import exclusion of basil, the replacement of tops, dried; spearmint, tops, dried; and purposes. The Agency agrees with ethylene oxide tolerances for ‘‘whole sesame, seed; each at 940 ppm. Also, the DuPont that bridging residue spices’’ and ‘‘ground spices’’ in 40 CFR Agency expects to publish this final rule comparison data on soybean hulls are 180.151(a) with ‘‘herb and spice, group in September 2009, which is consistent available. According to the April 2006 19, dried, except basil’’ and ‘‘vegetable, with ASTA’s request that tolerances for

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES 46694 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations

ethylene chlorohydrin not be made for pears (MRID 45283602). The Agency cause finds (and incorporates the effective before August 31, 2009. notes that the degradation of NAA may finding and a brief statement of reasons Consequently, in addition to the result in variable residue levels with therefore in the rules issued) that notice establishment of tolerances for both environmental variables such as and public procedure thereon are ethylene oxide and ethylene seasonality and temperature as well as impracticable, unnecessary, or contrary chlorohydrin on licorice, roots; with early/late season apple/pear to the public interest.’’ Consequently, peppermint, tops, dried; spearmint, varieties. If such data are submitted, for good cause, EPA is revising the tops, dried; and sesame, seed, the EPA will further evaluate appropriate tolerance terminology in 40 CFR Agency is finalizing all other tolerance levels. Currently, in response 180.183(a) from coffee, bean to coffee, amendments proposed concerning to comments from NHC and AMVAC, green bean. The reason for taking this ethylene oxide and ethylene the Agency put residue levels for apples action is because such action has no chlorohydrin in the Federal Register of and pears, representing the 2–day PHI, practical impact on the use of or December 31, 2008 (73 FR 80317). into the NAFTA MRL Calculator, a exposure to the pesticide active 5. 1-Naphthaleneacetic acid, salts, statistical procedure for tolerance ingredient, disulfoton, in or on that ethyl ester, and acetamide—comments assessment, and determined that based commodity and is made such that the by the Northwest Horticultural Council on the variability of the residue data and tolerance terminology will conform to (NHC) and AMVAC Chemical a 99% confidence limit, a tolerance current Agency practice. Corporation. The NHC expressed a level of 0.15 ppm is appropriate; i.e., the The Agency did not receive any concern about the proposed tolerance tolerance on pome fruit should be specific comments on the following decreases on apple, pear, and quince increased above the proposed level of pesticide active ingredients: Disulfoton, from 1.0 to 0.1 ppm (revised into fruit, 0.1 ppm to 0.15 ppm. Consequently, the fenvalerate, phosalone, phosmet, pome, group 11) because the registrant Agency is decreasing the tolerances on primisulfuron-methyl, prothioconazole, suggested that when conducting field apple, pear, and quince to 0.15 ppm and and thiabendazole. Therefore, in trials using two applications at 50 g per revising them into a crop group addition to revising the tolerance acre, residues of up to 0.094 ppm tolerance in 40 CFR 180.155(a) on fruit, nomenclature for coffee, bean to coffee, resulted, and stated that residues may pome, group 11 at 0.15 ppm. EPA has green bean for disulfoton, EPA is be dependent on time of year and determined that this tolerance is safe. finalizing the amendments proposed variety of apple or pear being treated. The Agency agrees that Appendix A concerning these active ingredients in Also, the NHC stated that, in the 2007 in the RED summarizes use patterns at the Federal Register of December 31, revised RED, the modified label the time of the RED that were eligible 2008 (73 FR 80317). For a detailed language for potassium salt formulation for registration for potassium 1- discussion of the Agency’s rationale for and the number of applications allowed naphthaleneacetate, whose labels the establishments, revocations, and each year is not clear; i.e., it appears to needed to be changed as per the RED, modifications to the tolerances, refer to limit use to one or two applications. with amended language to specify a the proposed rule of December 31, 2008. AMVAC stated that residues on apples maximum single application rate as 0.11 B. What is the Agency’s Authority for and pears in one study were as high as pound of acid equivalents per acre (lb Taking this Action? 0.093 ppm and 0.086 ppm, respectively, ae/A), (except for olive trees only at 0.33 and requested that the tolerances on lb ae/A), a maximum rate for all uses EPA may issue a regulation apples and pears be maintained at 1.0 per year or crop cycle as 0.33 lb ae/A, establishing, modifying, or revoking a ppm. a minimum re-treatment interval tolerance under FFDCA section 408(e). Agency response. NHC’s and between applications of 5 days and re- In this final rule, EPA is establishing, AMVAC’s citation of residues on apples entry intervals (REIs) of 12 hours for the modifying, and revoking tolerances to as high as 0.093 ppm (MRID 45283601) ethyl ester and 48 hours for the acid, implement the tolerance represented samples from one of four potassium salt, ammonium salt, sodium recommendations made during the site locations with a 2–day pre-harvest salt and acetamide forms. Any reregistration and tolerance interval (PHI). AMVAC’s citation of discrepancies in the use profile will be reassessment processes, and as follow- residues on pears as high as 0.086 ppm evaluated by the Agency and, if needed, up on canceled uses of pesticides. As (MRID 45283602) represented samples corrected. part of these processes, EPA is required with a 1–day PHI. Half-life for 1- In addition to the establishment of the to determine whether each of the naphthaleneacetic acid (NAA) residues tolerance on fruit, pome, group 11 at amended tolerances meets the safety on apples and pears under field 0.15 ppm, the Agency is finalizing all standards under FFDCA. The safety conditions from these studies were other amendments proposed concerning finding determination is found in detail determined to be 4.8 days and 1.9 days, 1-naphthaleneacetic acid, salts, ethyl in each post-FQPA RED and TRED for respectively. Residues at a PHI of 2 days ester, and acetamide in the Federal the active ingredient. REDs and TREDs were as high as 0.0455 ppm on pears. Register of December 31, 2008 (73 FR recommend the implementation of The recommendation in the RED for a 80317). certain tolerance actions, including group tolerance of 0.1 ppm on pome In addition, the Agency is making the modifications to reflect current use fruit cited detectable residues for apple following revision in this final rule. patterns, to meet safety findings, and and pear that were below 0.1 ppm 6. Disulfoton. EPA did not propose in change commodity names and following sequential treatments at rates a notice for comment to revise the groupings in accordance with new EPA approximating the maximum label use tolerance nomenclature for disulfoton, policy. Printed and electronic copies of patterns. The March 2004 Residue O,O-diethyl S-[2-(ethylthio)ethyl] the REDs and TREDs are available as Chemistry Chapter for NAA cited phosphorodithioate, in 40 CFR provided in Unit II.A. residues at 5 days following the last 180.183(a) from coffee, bean to coffee, EPA has issued REDs for azinphos- sequential treatment as high as 0.06 green bean, as is current Agency methyl, disulfoton, 1-naphthaleneacetic ppm for apples (MRID 40884401) and practice. However, section 553(b)(3)(B) acid, phosmet, and thiabendazole and 0.03 ppm for pears (MRID 40884402) of the Administrative Procedure Act TREDs for ethylene oxide and and at 2–day PHIs as 0.093 ppm for provides that notice and comment is not primisulfuron methyl. REDs and TREDs apples (MRID 45283601) and 0.075 ppm necessary ‘‘when the agency for good contain the Agency’s evaluation of the

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46695

database for these pesticides, including revoking with specific expiration/ III. Are There Any International Trade statements regarding additional data on revocation dates, the Agency is Issues Raised by this Final Action? the active ingredients that may be revoking, modifying, and establishing In making its tolerance decisions, EPA needed to confirm the potential human specific tolerances, and revising specific seeks to harmonize U.S. tolerances with health and environmental risk commodity terminologies effective on international standards whenever assessments associated with current the date of publication of this final rule possible, consistent with U.S. food product uses, and REDs state conditions in the Federal Register. With the safety standards and agricultural under which these uses and products exception of the specific tolerances for practices. EPA considers the will be eligible for reregistration. The azinphos-methyl, disulfoton, international Maximum Residue Limits REDs and TREDs recommended the fenvalerate, phosalone, and (MRLs) established by the Codex establishment, modification, and/or thiabendazole, the Agency believes that Alimentarius Commission, as required revocation of specific tolerances. RED existing stocks of pesticide products by section 408(b)(4) of FFDCA. The and TRED recommendations such as labeled for the uses associated with the Codex Alimentarius is a joint U.N. Food establishing or modifying tolerances, revoked tolerances have been and Agriculture Organization/World and in some cases revoking tolerances, completely exhausted and that treated Health Organization food standards are the result of assessment under the commodities have had sufficient time program, and it is recognized as an FFDCA standard of ‘‘reasonable for passage through the channels of international food safety standards- certainty of no harm.’’ However, trade. EPA is revoking certain specific setting organization in trade agreements tolerance revocations recommended in tolerances with expiration/revocation to which the United States is a party. REDs and TREDs that are made final in EPA may establish a tolerance that is this document do not need such dates of December 31, 2012 for the assessment when the tolerances are no azinphos-methyl tolerance on cranberry; different from a Codex MRL; however, longer necessary. October 14, 2009 for disulfoton FFDCA section 408(b)(4) requires that EPA’s general practice is to revoke tolerances on spinach and tomato; EPA explain the reasons for departing tolerances for residues of pesticide January 30, 2010 for disulfoton from the Codex level in a notice active ingredients on crops for which tolerances on barley, grain; barley, published for public comment. EPA’s FIFRA registrations no longer exist and straw; grain, aspirated fractions; peanut; effort to harmonize with Codex MRLs is on which the pesticide may therefore no pepper; potato; wheat, hay; wheat, summarized in the tolerance longer be used in the United States. EPA grain; wheat, straw; milk; and the fat, reassessment section of individual REDs has historically been concerned that meat, and meat byproducts of cattle, and TREDs, and in the Residue retention of tolerances that are not goats, hogs, horses, and sheep; April 2, Chemistry document which supports necessary to cover residues in or on 2010 for most of the fenvalerate the RED and TRED, as mentioned in the legally treated foods may encourage tolerances; September 30, 2013 for proposed rule cited in Unit II.A. misuse of pesticides within the United phosalone tolerances on apple; cherry; Specific tolerance actions in this rule States. Nonetheless, EPA will establish grape; peach; pear; and plum, prune, and how they compare to Codex MRLs and maintain tolerances even when fresh; and December 25, 2010 for (if any) is discussed in Unit II.A. corresponding domestic uses are thiabendazole tolerances on beet, sugar, IV. Statutory and Executive Order canceled if the tolerances, which EPA dried pulp; beet, sugar, roots; and beet, Reviews refers to as ‘‘import tolerances,’’ are sugar, tops. The Agency believes that necessary to allow importation into the In this final rule, EPA establishes these revocation dates allow users to tolerances under FFDCA section 408(e), United States of food containing such exhaust stocks and allow sufficient time pesticide residues. However, where and also modifies and revokes specific for passage of treated commodities tolerances established under FFDCA there are no imported commodities that through the channels of trade. require these import tolerances, the section 408. The Office of Management Agency believes it is appropriate to Any commodities listed in the and Budget (OMB) has exempted these revoke tolerances for unregistered regulatory text of this document that are types of actions (i.e., establishment and pesticides in order to prevent potential treated with the pesticides subject to modification of a tolerance and misuse. this final rule, and that are in the tolerance revocation for which When EPA establishes tolerances for channels of trade following the extraordinary circumstances do not pesticide residues in or on raw tolerance revocations, shall be subject to exist) from review under Executive agricultural commodities, the Agency FFDCA section 408(l)(5), as established Order 12866, entitled Regulatory gives consideration to possible pesticide by FQPA. Under this unit, any residues Planning and Review (58 FR 51735, residues in meat, milk, poultry, and/or of these pesticides in or on such food October 4, 1993). Because this rule has eggs produced by animals that are fed shall not render the food adulterated so been exempted from review under agricultural products (for example, grain long as it is shown to the satisfaction of Executive Order 12866 due to its lack of or hay) containing pesticides residues the Food and Drug Administration that: significance, this rule is not subject to Executive Order 13211, entitled Actions (40 CFR 180.6). If there is no reasonable 1. The residue is present as the result Concerning Regulations That expectation of finite pesticide residues of an application or use of the pesticide Significantly Affect Energy Supply, in or on meat, milk, poultry, or eggs, at a time and in a manner that was Distribution, or Use (66 FR 28355, May then tolerances do not need to be lawful under FIFRA. established for these commodities (40 22, 2001). This final rule does not CFR 180.6(b) and 180.6(c)). 2. The residue does not exceed the contain any information collections level that was authorized at the time of subject to OMB approval under the C. When Do These Actions Become the application or use to be present on Paperwork Reduction Act (PRA), 44 Effective? the food under a tolerance or exemption U.S.C. 3501 et seq., or impose any With the exception of certain from tolerance. Evidence to show that enforceable duty or contain any tolerances for azinphos-methyl, food was lawfully treated may include unfunded mandate as described under disulfoton, fenvalerate, phosalone, and records that verify the dates that the Title II of the Unfunded Mandates thiabendazole for which EPA is pesticide was applied to such food. Reform Act of 1995 (UMRA) (Public

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES 46696 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations

Law 104–4). Nor does it require any or on the distribution of power and other required information to the U.S. special considerations as required by responsibilities among the various Senate, the U.S. House of Executive Order 12898, entitled Federal levels of government, as specified in Representatives, and the Comptroller Actions to Address Environmental Executive Order 13132, entitled General of the United States prior to Justice in Minority Populations and Federalism (64 FR 43255, August 10, publication of this final rule in the Low-Income Populations (59 FR 7629, 1999). Executive Order 13132 requires Federal Register. This final rule is not February 16, 1994); or OMB review or EPA to develop an accountable process a ‘‘major rule’’ as defined by 5 U.S.C. any other Agency action under to ensure ‘‘meaningful and timely input 804(2). by State and local officials in the Executive Order 13045, entitled List of Subjects in 40 CFR Part 180 Protection of Children from development of regulatory policies that Environmental Health Risks and Safety have federalism implications.’’ ‘‘Policies Environmental protection, Risks (62 FR 19885, April 23, 1997). that have federalism implications’’ is Administrative practice and procedure, This action does not involve any defined in the Executive order to Agricultural commodities, Pesticides technical standards that would require include regulations that have and pests, Reporting and recordkeeping Agency consideration of voluntary ‘‘substantial direct effects on the States, requirements. consensus standards pursuant to section on the relationship between the national Dated: August 27, 2009. 12(d) of the National Technology government and the States, or on the Debra Edwards, distribution of power and Transfer and Advancement Act of 1995 Director, Office of Pesticide Programs. (NTTAA), Public Law 104–13, section responsibilities among the various levels of government.’’ This final rule ■ Therefore, 40 CFR chapter I is 12(d) (15 U.S.C. 272 note). Pursuant to amended as follows: the Regulatory Flexibility Act (RFA) (5 directly regulates growers, food processors, food handlers, and food U.S.C. 601 et seq.), the Agency PART 180—[AMENDED] previously assessed whether retailers, not States. This action does not ■ establishment of tolerances, exemptions alter the relationships or distribution of 1. The authority citation for part 180 from tolerances, raising of tolerance power and responsibilities established continues to read as follows: by Congress in the preemption levels, expansion of exemptions, or Authority: 21 U.S.C. 321(q), 346a and 371. provisions of section 408(n)(4) of revocations might significantly impact a FFDCA. For these same reasons, the § 180.3 [Amended] substantial number of small entities and Agency has determined that this rule concluded that, as a general matter, ■ 2. Section 180.3 is amended by does not have any ‘‘tribal implications’’ these actions do not impose a significant removing paragraph (d)(7) and as described in Executive Order 13175, economic impact on a substantial redesignating paragraphs (d)(8) through entitled Consultation and Coordination number of small entities. These analyses (d)(13) as paragraphs (d)(7) through with Indian Tribal Governments (65 FR for tolerance establishments and (d)(12), respectively. 67249, November 9, 2000). Executive modifications, and for tolerance ■ 3. Section 180.151 is amended by Order 13175, requires EPA to develop revising the table in paragraph (a)(1) and revocations were published on May 4, an accountable process to ensure by revising paragraph (a)(2) to read as 1981 (46 FR 24950) and on December ‘‘meaningful and timely input by tribal follows: 17, 1997 (62 FR 66020) (FRL–5753–1), officials in the development of respectively, and were provided to the regulatory policies that have tribal §180.151 Ethylene oxide; tolerances for Chief Counsel for Advocacy of the Small implications.’’ ‘‘Policies that have tribal residues. Business Administration. Taking into implications’’ is defined in the (a) * * * (1) * * * account this analysis, and available Executive order to include regulations information concerning the pesticides that have ‘‘substantial direct effects on Commodity Parts per listed in this rule, the Agency hereby one or more Indian tribes, on the million certifies that this final rule will not have relationship between the Federal a significant economic impact on a Government and the Indian tribes, or on Herb and spice, group 19, substantial number of small entities. In dried, except basil ...... 7 the distribution of power and Licorice, roots ...... 7 a memorandum dated May 25, 2001, responsibilities between the Federal EPA determined that eight conditions Peppermint, tops, dried ...... 7 Government and Indian tribes.’’ This Sesame, seed ...... 7 must all be satisfied in order for an rule will not have substantial direct Spearmint, tops, dried ...... 7 import tolerance or tolerance exemption effects on tribal governments, on the Vegetable, dried ...... 7 revocation to adversely affect a relationship between the Federal Walnut ...... 50 significant number of small entity Government and Indian tribes, or on the importers, and that there is a negligible distribution of power and (2) Tolerances are established for joint probability of all eight conditions responsibilities between the Federal residues of the ethylene oxide reaction holding simultaneously with respect to Government and Indian tribes, as product, 2-chloroethanol, commonly any particular revocation. (This Agency specified in Executive Order 13175. referred to as ethylene chlorohydrin, document is available in the docket of Thus, Executive Order 13175 does not when ethylene oxide is used as a the proposed rule, as mentioned in Unit apply to this rule. postharvest fumigant in or on food II.A.). Furthermore, for the pesticides commodities as follows: named in this final rule, the Agency V. Congressional Review Act knows of no extraordinary The Congressional Review Act, 5 Commodity Parts per circumstances that exist as to the U.S.C. 801 et seq., generally provides million present revocations that would change that before a rule may take effect, the Herb and spice, group 19, EPA’s previous analysis. In addition, the agency promulgating the rule must dried, except basil ...... 940 Agency has determined that this action submit a rule report to each House of Licorice, roots ...... 940 will not have a substantial direct effect the Congress and to the Comptroller Peppermint, tops, dried ...... 940 on States, on the relationship between General of the United States. EPA will Sesame, seed ...... 940 the national government and the States, submit a report containing this rule and Spearmint, tops, dried ...... 940

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46697

Commodity Parts per Commodity Parts per Expiration/ million million Commodity Parts per Revocation million Date Vegetable, dried ...... 940 Fruit, pome, group 11 ...... 0.15 Olive ...... 0.7 Horse, fat ...... 0.05 1/30/10 * * * * * Orange ...... 0.1 Horse, meat ...... 0.05 1/30/10 1 Horse, meat by- ■ Pineapple ...... 0.05 4. Section 180.154 is amended by Tangerine ...... 0.1 products ...... 0.05 1/30/10 revising the section heading and the Lettuce, head ...... 0.75 None table in paragraph (a) to read as follows: 1 There are no U.S. registrations since Lettuce, leaf ...... 2 None 1988. Milk ...... 0.01 1/30/10 §180.154 Azinphos-methyl; tolerances for Peanut ...... 0.1 1/30/10 residues. (b) Section 18 emergency exemptions. [Reserved] Pepper ...... 0.1 1/30/10 (a) * * * Potato ...... 0.5 1/30/10 (c) Tolerances with regional Sheep, fat ...... 0.05 1/30/10 Expiration/ registrations. [Reserved] Sheep, meat ...... 0.05 1/30/10 Parts per (d) Indirect or inadvertent residues. Commodity million Revocation Sheep, meat by- Date [Reserved] products ...... 0.05 1/30/10 ■ 6. Section 180.183 is amended by Spinach ...... 0.75 10/14/09 Almond1 ...... 0.2 None revising paragraph (a) and paragraph (c) Tomato ...... 0.75 10/14/09 1 Almond, hulls .. 5.0 None to read as follows: Wheat, grain ...... 0.2 1/30/10 Apple2 ...... 1.5 None Wheat, hay ...... 5.0 1/30/10 Blackberry3 ...... 2.0 None §180.183 O,O-Diethyl S-[2-(ethylthio)ethyl] Wheat, straw ...... 5.0 1/30/10 Blueberry2 ...... 5.0 None phosphorodithioate; tolerances for 3 Boysenberry .... 2.0 None residues. * * * * * Brussels (a) General. Tolerances are (c) Tolerances with regional sprouts4 ...... 2.0 None Cherry2 ...... 2.0 None established for the combined residues of registrations. Tolerances with regional Crabapple2 ...... 1.5 None the insecticide disulfoton, O,O-diethyl registration are established for the Cranberry3 ...... 0.5 12/31/12 S-[2-(ethylthio)ethyl] combined residues of the insecticide Loganberry3 ...... 2.0 None phosphorodithioate; demeton-S, O,O- disulfoton, O,O-diethyl S-[2- Parsley, leaves2 5.0 None diethyl S-[2-(ethylthio)ethyl] (ethylthio)ethyl] phosphorodithioate; Parsley, turnip phosphorothioate; disulfoton sulfoxide, demeton-S, O,O-diethyl S-[2- rooted, roots2 2.0 None O,O-diethyl S-[2-(ethylsulfinyl)ethyl] (ethylthio)ethyl] phosphorothioate; Peach3 ...... 2.0 None phosphorodithioate; disulfoton oxygen disulfoton sulfoxide, O,O-diethyl S-[2- 2 Pear ...... 1.5 None analog sulfoxide, O,O-diethyl S-[2- (ethylsulfinyl)ethyl] Pistachio1 ...... 0.3 None Plum, prune5 ..... 2.0 None (ethylsulfinyl)ethyl] phosphorothioate; phosphorodithioate; disulfoton oxygen Quince5 ...... 1.5 None disulfoton sulfone, O,O-diethyl S-[2- analog sulfoxide, O,O-diethyl S-[2- Raspberry3 ...... 2.0 None (ethylsulfonyl)ethyl] (ethylsulfinyl)ethyl] phosphorothioate; Walnut1 ...... 0.3 None phosphorodithioate; and disulfoton disulfoton sulfone, O,O-diethyl S-[2- oxygen analog sulfone, O,O-diethyl S-[2- (ethylsulfonyl)ethyl] 1There are no U.S. registrations as of (ethylsulfonyl)ethyl] phosphorothioate; phosphorodithioate; and disulfoton October 30, 2009. calculated as disulfoton, in or on food oxygen analog sulfone, O,O-diethyl S-[2- 2There are no U.S. registrations as of commodities as follows: (ethylsulfonyl)ethyl] phosphorothioate; September 30, 2012. calculated as disulfoton, in or on food 3There are no U.S. registrations since Expiration/ commodities as follows: Commodity Parts per Revocation September 30, 2006. million Date 4There are no U.S. registrations since Parts per Commodity million September 30, 2008. Barley, grain ...... 0.2 1/30/10 5 There are no U.S. registrations since Barley, straw ...... 5.0 1/30/10 Asparagus ...... 0.1 December 28, 2005. Bean, lima ...... 0.75 None * * * * * Bean, snap, succulent ...... 0.75 None * * * * * ■ 5. Section 180.155 is revised to read Broccoli ...... 0.75 None ■ 7. Section 180.242 is amended by as follows: Brussels sprouts ... 0.75 None revising the table in paragraph (a)(1) to Cabbage ...... 0.75 None read as follows: § 180.155 1-Naphthaleneacetic acid; Cattle, fat ...... 0.05 1/30/10 tolerances for residues. Cattle, meat ...... 0.05 1/30/10 §180.242 Thiabendazole; tolerances for (a) General. Tolerances are Cattle, meat by- residues. established for the combined residues of products ...... 0.05 1/30/10 (a) * * * (1) * * * the plant growth regulator 1- Cauliflower ...... 0.75 None Coffee, green bean 0.2 None naphthaleneacetic acid and its Parts per Expiration/ conjugates calculated as 1- Cotton, undelinted Commodity Revocation seed ...... 0.75 None million Date naphthaleneacetic acid from the Goat, fat ...... 0.05 1/30/10 application of 1-naphthaleneacetic acid, Goat, meat ...... 0.05 1/30/10 Apple, wet pomace 12.0 None its ammonium, sodium, or potassium Goat, meat byprod- Avocado1 ...... 10.0 None salts, ethyl ester, and acetamide in or on ucts ...... 0.05 1/30/10 Banana, food commodities as follows: Grain, aspirated postharvest ...... 3.0 None fractions ...... 0.3 1/30/10 Bean, dry, seed .... 0.1 None Parts per Hog, fat ...... 0.05 1/30/10 Beet, sugar, dried Commodity million Hog, meat ...... 0.05 1/30/10 pulp ...... 3.5 12/25/10 Hog, meat byprod- Beet, sugar, roots 0.25 12/25/10 Cherry, sweet ...... 0.1 ucts ...... 0.05 1/30/10 Beet, sugar, tops .. 10.0 12/25/10

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES 46698 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations

Expiration/ Commodity Parts per Expiration/ Commodity Parts per Revocation million Commodity Parts per Revocation million Date million Date Pear ...... 10 Cantaloupe1 ...... 15.0 None Plum, prune, fresh ...... 5 Caneberry sub- Carrot, roots, Potato ...... 0.1 group 13A ...... 3.0 4/2/10 postharvest ...... 10.0 None Sheep, fat ...... 0.1 Cantaloupe ...... 1.0 4/2/10 Citrus, oil ...... 15.0 None Sheep, meat ...... 0.1 Carrot, roots ...... 0.5 4/2/10 Fruit, citrus, group Sheep, meat byproducts ...... 0.1 Cattle, fat ...... 1.5 4/2/10 10, postharvest 10.0 None Sweet potato, roots ...... 12 Cattle, meat ...... 1.5 4/2/10 Fruit, pome, group Cattle, meat by- 11, postharvest 5.0 None * * * * * products ...... 1.5 4/2/10 Mango ...... 10.0 None Cauliflower ...... 0.5 4/2/10 ■ Mushroom ...... 40.0 None 9. Section 180.263 is revised to read Collards ...... 10.0 4/2/10 Papaya, as follows: Corn, field, forage 50.0 4/2/10 postharvest ...... 5.0 None Corn, field, grain ... 0.02 4/2/10 §180.263 Phosalone; tolerances for Potato, postharvest 10.0 None Corn, field, stover 50.0 4/2/10 residues. Soybean ...... 0.1 None Corn, pop, grain .... 0.02 4/2/10 Strawberry1 ...... 5.0 None (a) General. Tolerances are Corn, pop, stover .. 50.0 4/2/10 Sweet potato established for residues of the Corn, sweet, for- (postharvest to insecticide phosalone, S-(6-chloro-3- age ...... 50.0 4/2/10 sweet potato in- (mercaptomethyl)-2-benzoxazolinone) Corn, sweet, kernel tended only for O,O-diethyl phosphorodithioate, in or plus cob with husks removed .. 0.1 4/2/10 use as seed) ..... 0.05 None on the following food commodities: Wheat, grain ...... 1.0 None Corn, sweet, stover 50.0 4/2/10 Wheat, straw ...... 1.0 None Cotton, undelinted Parts per Expiration/ seed ...... 0.2 4/2/10 Commodity Revocation Cucumber ...... 0.5 4/2/10 1There are no U.S. registrations on the million Date indicated commodity. Currant ...... 3.0 4/2/10 Eggplant ...... 1.0 4/2/10 Apple1 ...... 10.0 9/30/13 * * * * * Elderberry ...... 3.0 4/2/10 Cherry1 ...... 15.0 9/30/13 ■ Fruit, stone, group 8. Section 180.261 is amended by Grape1 ...... 10.0 9/30/13 revising the table in paragraph (a) to 1 12 ...... 10.0 4/2/10 Peach ...... 15.0 9/30/13 Goat, fat ...... 1.5 4/2/10 read as follows: 1 Pear ...... 10.0 9/30/13 Goat, meat ...... 1.5 4/2/10 Plum, prune, §180.261 N-Mercaptomethyl phthalimide Goat, meat byprod- fresh1 ...... 15.0 9/30/13 S-(O,O-dimethyl phosphorodithioate) and ucts ...... 1.5 4/2/10 its oxygen analog; tolerances for residues. Gooseberry ...... 3.0 4/2/10 1 There are no U.S. registrations since (a) * * * Hazelnut ...... 0.2 4/2/10 1992. Hog, fat ...... 1.5 4/2/10 (b) Section 18 emergency exemptions. Hog, meat ...... 1.5 4/2/10 Parts per Commodity million [Reserved] Hog, meat byprod- (c) Tolerances with regional ucts ...... 1.5 4/2/10 Alfalfa, forage ...... 20 registrations. [Reserved] Horse, fat ...... 1.5 4/2/10 Alfalfa, hay ...... 40 (d) Indirect or inadvertent residues. Horse, meat ...... 1.5 4/2/10 Almond, hulls ...... 10 [Reserved] Horse, meat by- Apple ...... 10 products ...... 1.5 4/2/10 Apricot ...... 5 § 180.309 [Removed] Huckleberry ...... 3.0 4/2/10 Melon, honeydew 1.0 4/2/10 Blueberry ...... 10 ■ 10. Section 180.309 is removed. Milk ...... 0.3 4/2/10 Cattle, fat ...... 0.2 ■ 11. Section 180.379 is revised to read Cattle, meat ...... 0.1 Milk, fat ...... 7.0 4/2/10 Cattle, meat byproducts ...... 0.1 as follows: Muskmelon ...... 1.0 4/2/10 Cherry ...... 10 Pea ...... 1.0 4/2/10 §180.379 Fenvalerate; tolerances for Pea, dry, seed ...... 0.25 4/2/10 Cotton, refined oil ...... 0.2 residues. Cotton, undelinted seed ...... 0.1 Peanut ...... 0.02 4/2/10 Cranberry ...... 10 (a) General. Tolerances are Pear ...... 2.0 4/2/10 Fruit, citrus, group 10 ...... 5 established for residues of the Pecan ...... 0.2 4/2/10 Goat, fat ...... 0.1 insecticide fenvalerate, cyano(3- Pepper ...... 1.0 4/2/10 Goat, meat ...... 0.1 phenoxyphenyl)methyl-4-chloro-a-(1- Potato ...... 0.02 4/2/10 Goat, meat byproducts ...... 0.1 methylethyl)benzeneacetate, in or on Pumpkin ...... 1.0 4/2/10 Radish, roots ...... 0.3 4/2/10 Grape ...... 10 food commodities as follows: Hog, fat ...... 0.2 Radish, tops ...... 8.0 4/2/10 Sheep, fat ...... 1.5 4/2/10 Hog, meat ...... 0.04 Expiration/ Sheep, meat ...... 1.5 4/2/10 Hog, meat byproducts ...... 0.04 Parts per Commodity Revocation Sheep, meat by- Horse, fat ...... 0.1 million Date products ...... 1.5 4/2/10 Horse, meat ...... 0.1 Soybean, seed ...... 0.05 4/2/10 Horse, meat byproducts ...... 0.1 Almond ...... 0.2 4/2/10 Squash, summer .. 0.5 4/2/10 Kiwifruit ...... 25 Almond, hulls ...... 15.0 4/2/10 Squash, winter ...... 1.0 4/2/10 Milk ...... 0.1 Apple ...... 2.0 4/2/10 Sugarcane, cane .. 2.0 4/2/10 Nectarine ...... 5 Artichoke, globe .... 0.2 4/2/10 Sunflower, seed .... 1.0 4/2/10 Nut, tree, group 14 ...... 0.1 Bean, dry, seed .... 0.25 4/2/10 Tomato ...... 1.0 4/2/10 Pea, dry, seed ...... 0.5 Bean, snap, suc- Turnip, roots ...... 0.5 4/2/10 Pea, field, hay ...... 20 culent ...... 2.0 4/2/10 Turnip, tops ...... 20.0 4/2/10 Broccoli ...... 2.0 4/2/10 Pea, field, vines ...... 10 Walnut ...... 0.2 4/2/10 Blueberry ...... 3.0 4/2/10 Pea, succulent ...... 1 Watermelon ...... 1.0 4/2/10 Peach ...... 10 Cabbage ...... 10.0 4/2/10

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46699

(b) Section 18 emergency exemptions. Parts per (c) Tolerances with regional [Reserved] Commodity million registrations. Tolerances with regional (c) Tolerances with regional registration are established for the registrations. [Reserved] Goat, meat byproducts ...... 1.5 combined residues of the insecticide (d) Indirect or inadvertent residues. Gooseberry ...... 1.0 esfenvalerate, (S)-cyano(3- Hazelnut ...... 0.2 [Reserved] Hog, fat ...... 1.5 phenoxyphenyl)methyl-(S)-4-chloro-a- (1-methylethyl)benzeneacetate, its non- § 180.452 [Amended] Hog, meat ...... 1.5 Hog, meat byproducts ...... 1.5 racemic isomer, (R)-cyano(3- ■ 12. Section 180.452 is amended by Horse, fat ...... 1.5 phenoxyphenyl)methyl-(R)-4-chloro-a- removing from the table in paragraph (a) Horse, meat ...... 1.5 (1-methylethyl)benzeneacetate and its the entry ‘‘corn, sweet, kernel plus cob Horse, meat byproducts ...... 1.5 diastereomers (S)-cyano(3- with husks removed.’’ Kiwifruit ...... 0.5 phenoxyphenyl)methyl-(R)-4-chloro-a- ■ 13. Section 180.533 is amended by Lentil, seed ...... 0.25 Melon, honeydew ...... 0.5 (1-methylethyl)benzeneacetate and (R)- revising paragraph (a) and adding cyano(3-phenoxyphenyl)methyl-(S)-4- paragraph (c) to read as follows: Milk ...... 0.3 Milk, fat ...... 7.0 chloro-a-(1-methylethyl)benzeneacetate, §180.533 Esfenvalerate; tolerances for Muskmelon ...... 0.5 in or on food commodities as follows: residues. Mustard greens ...... 5.0 Okra ...... 0.5 Parts per (a) General. (1) Tolerances are Pea, dry, seed ...... 0.25 Commodity million established for the combined residues of Pea, succulent ...... 0.5 the insecticide esfenvalerate, (S)- Peanut ...... 0.02 Cabbage, chinese, bok choy .... 1.0 cyano(3-phenoxyphenyl)methyl-(S)-4- Pear ...... 1.0 Kohlrabi ...... 2.0 chloro-a-(1-methylethyl)benzeneacetate, Pecan ...... 0.2 Lettuce, head ...... 5.0 its non-racemic isomer, (R)-cyano(3- Pepper ...... 0.5 phenoxyphenyl)methyl-(R)-4-chloro-a- Potato ...... 0.02 * * * * * Poultry, fat ...... 0.3 (1-methylethyl)benzeneacetate and its Poultry, liver ...... 0.03 § 180.626 [Amended] diastereomers (S)-cyano(3- Poultry, meat ...... 0.03 ■ 14. Section 180.626 is amended by phenoxyphenyl)methyl-(R)-4-chloro-a- Poultry, meat byproducts, ex- (1-methylethyl)benzeneacetate and (R)- cept liver ...... 0.3 removing the entry for ‘‘peanut, hay’’ cyano(3-phenoxyphenyl)methyl-(S)-4- Pumpkin ...... 0.5 from the table in paragraph (a)(1). chloro-a-(1-methylethyl)benzeneacetate, Radish, roots ...... 0.3 [FR Doc. E9–21895 Filed 9–10–09; 8:45 am] Radish, tops ...... 3.0 in or on food commodities as follows: BILLING CODE 6560–50–S Sheep, fat ...... 1.5 Parts per Sheep, meat ...... 1.5 Commodity million Sheep, meat byproducts ...... 1.5 Sorghum, grain, forage ...... 10.0 DEPARTMENT OF HOMELAND Almond ...... 0.2 Sorghum, grain, grain ...... 5.0 SECURITY Almond, hulls ...... 5.0 Sorghum, grain, stover ...... 10.0 Apple ...... 1.0 Soybean, hulls ...... 0.5 Federal Emergency Management Artichoke, globe ...... 1.0 Soybean, seed ...... 0.05 Agency Bean, dry, seed ...... 0.25 Squash, summer ...... 0.5 Bean, snap, succulent ...... 1.0 Squash, winter ...... 0.5 44 CFR Part 64 Beet, sugar, roots ...... 0.05 Sugarcane, cane ...... 1.0 Beet, sugar, tops ...... 5.0 Sunflower, seed ...... 0.5 [Docket ID FEMA–2008–0020; Internal Blueberry ...... 1.0 Sweet potato, roots ...... 0.05 Agency Docket No. FEMA–8091] Broccoli ...... 1.0 Tomato ...... 0.5 Cabbage, except Chinese cab- Turnip, greens ...... 7.0 Suspension of Community Eligibility bage ...... 3.0 Turnip, roots ...... 0.5 Caneberry subgroup 13A ...... 1.0 Walnut ...... 0.2 AGENCY: Federal Emergency Cantaloupe ...... 0.5 Watermelon ...... 0.5 Management Agency, DHS. Carrot, roots ...... 0.5 ACTION: Final rule. Cattle, fat ...... 1.5 (2) A tolerance of 0.05 ppm on raw Cattle, meat ...... 1.5 agricultural food commodities (other SUMMARY: This rule identifies Cattle, meat byproducts ...... 1.5 than those food commodities already communities, where the sale of flood Cauliflower ...... 0.5 covered by a higher tolerance as a result insurance has been authorized under Collards ...... 3.0 of use on growing crops) is established the National Flood Insurance Program Corn, field, forage ...... 15.0 for the combined residues of the (NFIP), that are scheduled for Corn, field, grain ...... 0.02 insecticide esfenvalerate, (S)-cyano(3- suspension on the effective dates listed Corn, field, stover ...... 15.0 phenoxyphenyl)methyl-(S)-4-chloro-a- Corn, pop, grain ...... 0.02 within this rule because of Corn, pop, stover ...... 15.0 (1-methylethyl)benzeneacetate, its non- noncompliance with the floodplain Corn, sweet, forage ...... 15.0 racemic isomer, (R)-cyano(3- management requirements of the Corn, sweet, kernel plus cob phenoxyphenyl)methyl-(R)-4-chloro-a- program. If the Federal Emergency with husks removed ...... 0.1 (1-methylethyl)benzeneacetate and its Management Agency (FEMA) receives Corn, sweet, stover ...... 15.0 diastereomers (S)-cyano(3- documentation that the community has Cotton, undelinted seed ...... 0.2 phenoxyphenyl)methyl-(R)-4-chloro-a- adopted the required floodplain Cucumber ...... 0.5 (1-methylethyl)benzeneacetate and (R)- management measures prior to the Egg ...... 0.03 cyano(3-phenoxyphenyl)methyl-(S)-4- effective suspension date given in this Eggplant ...... 0.5 chloro-a-(1-methylethyl)benzeneacetate Elderberry ...... 1.0 rule, the suspension will not occur and Fruit, stone, group 12 ...... 3.0 as a result of the use of esfenvalerate in a notice of this will be provided by Goat, fat ...... 1.5 food-handling establishments. publication in the Federal Register on a Goat, meat ...... 1.5 * * * * * subsequent date.

VerDate Nov<24>2008 14:33 Sep 10, 2009 Jkt 217001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1 cprice-sewell on DSKGBLS3C1PROD with RULES