80 FR 43373 - Aldicarb, Alternaria destruens, Ampelomyces quisqualis, Azinphos-methyl, Etridiazole, Fenarimol, et al.; Proposed Tolerance and Tolerance Exemption Actions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 140 (July 22, 2015)

Page Range		43373-43382
FR Document		2015-17628

EPA is proposing, in follow-up to canceled product registrations or uses, to revoke certain tolerances for acephate, aldicarb, azinphos-methyl, etridiazole, fenarimol, imazamethabenz- methyl, tepraloxydim, thiacloprid, thiazopyr, and tralkoxydim, and tolerance exemptions for certain pesticide active ingredients. Also, EPA is proposing to make minor revisions to the section heading and introductory text for Pythium oligandrum DV 74. In addition, in accordance with current Agency practice, EPA is proposing to make minor revisions to the tolerance expression for imazamethabenz-methyl, and remove expired tolerances and tolerance exemptions for certain pesticide active ingredients.

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)

[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Proposed Rules]
[Pages 43373-43382]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-17628]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0212; FRL-9929-12]
RIN 2070-ZA16

Aldicarb, Alternaria destruens, Ampelomyces quisqualis, Azinphos-
methyl, Etridiazole, Fenarimol, et al.; Proposed Tolerance and
Tolerance Exemption Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing, in follow-up to canceled product
registrations or uses, to revoke certain tolerances for acephate,
aldicarb, azinphos-methyl, etridiazole, fenarimol, imazamethabenz-
methyl, tepraloxydim, thiacloprid, thiazopyr, and tralkoxydim, and
tolerance exemptions for certain pesticide active ingredients. Also,
EPA is proposing to make minor revisions to the section heading and
introductory text for Pythium oligandrum DV 74. In addition, in
accordance with current Agency practice, EPA is proposing to make minor
revisions to the tolerance expression for imazamethabenz-methyl, and
remove expired tolerances and tolerance exemptions for certain
pesticide active ingredients.

DATES: Comments must be received on or before September 21, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0212, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).

[[Page 43374]]

Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

C. What can I do if I wish the agency to maintain a tolerance that the
agency proposes to revoke?

This proposed rule provides a comment period of 60 days for any
person to state an interest in retaining a tolerance proposed for
revocation. If EPA receives a comment within the 60-day period to that
effect, EPA will not proceed to revoke the tolerance immediately.
However, EPA will take steps to ensure the submission of any needed
supporting data and will issue an order in the Federal Register under
the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(f), if
needed. The order would specify data needed and the timeframes for its
submission, and would require that within 90 days some person or
persons notify EPA that they will submit the data. If the data are not
submitted as required in the order, EPA will take appropriate action
under FFDCA.
EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the
specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.

II. Background

A. What action is the agency taking?

EPA is proposing, in follow-up to canceled product registrations or
uses, to revoke certain tolerances for the fungicides etridiazole and
fenarimol; the herbicides imazamethabenz-methyl, tepraloxydim,
thiazopyr, and tralkoxydim; the insecticides acephate, aldicarb,
azinphos-methyl, and thiacloprid, in or on commodities listed in the
regulatory text; and revoke certain tolerance exemptions for various
microbial or biochemical pesticides. Also, EPA is proposing to make
minor revisions to the section heading and introductory text for
Pythium oligandrum DV 74. In addition, in accordance with current
Agency practice, EPA is proposing to make minor revisions to the
tolerance expression for imazamethabenz-methyl, and remove expired
tolerances and tolerance exemptions for various pesticide active
ingredients.
In addition, EPA is proposing to revoke certain specific tolerances
because either they are no longer needed or are associated with food
uses that are no longer registered under FIFRA. Those instances where
registrations were canceled were because the registrant failed to pay
the required maintenance fee and/or the registrant voluntarily
requested cancellation of one or more registered uses of the pesticide.
It is EPA's general practice to propose revocation of those tolerances
for residues of pesticide active ingredients on crop uses for which
there are no active registrations under FIFRA, unless any person in
comments on the proposal indicates a need for the tolerance to cover
residues in or on imported commodities or legally treated domestic
commodities.
1. Acephate. In the Federal Register notice of July 13, 2011 (76 FR
41250) (FRL-8879-7), EPA announced its receipt of voluntary requests by
registrants to amend certain registrations, including amendments that
would terminate the use of acephate on succulent beans as a food use on
technical registrations for acephate. In the Federal Register notice of
September 14, 2011 (76 FR 56753) (FRL-8888-2), EPA granted the
requested amendments to terminate certain uses, including use of
acephate on succulent beans as a food use. In late 2012 and early 2013,
EPA issued letters to registrants with end-use registrations for
acephate use on succulent beans to explain that all end-use products
needed amendment to prohibit such use as a food. Since then, all but
three of those acephate product labels with a food use on succulent
beans have been voluntarily amended with restrictions that prohibit use
on succulent beans as a food. One of the remaining acephate products
with use on succulent beans as a food is now canceled. In the Federal
Register notice of March 12, 2015 (80 FR 12996) (FRL-9923-27), EPA
announced its receipt of voluntary requests by registrants to cancel
certain product registrations, including certain acephate products, one
of which is registered for use on succulent beans as a food. In the
Federal Register notice of June 3, 2015 (80 FR 31596) (FRL-9926-88),
EPA published a cancellation order in follow-up to the March 12, 2015
notice and granted the requested product cancellations for acephate.
Because the registrant ended the manufacture and distribution of these
canceled acephate products about 6 to 7 years ago, EPA believes that
existing stocks for these canceled acephate products are now exhausted.
Two of the remaining acephate products with food uses for succulent
beans have labels that are in process to be amended, to prohibit such
use as a food, and await approval by the Agency. One product's label
has been re-submitted for Agency review, while another product's label,
recently in review, needs to be sent back to the registrant for re-
submission to the Agency. EPA expects that both acephate labels could
be submitted and their amendments approved by the Agency before a final
rule is published in the Federal Register in follow-up to this proposed
rule. Upon completion of the amendments for the two acephate products
in process, there would no longer be any active food uses for acephate
on succulent beans and therefore no longer any need for the acephate
tolerances on succulent beans. Therefore, EPA is proposing to revoke
the tolerances for acephate in 40 CFR 180.108(a)(1) and (a)(3) on bean,
succulent.
2. Aldicarb. In the Federal Register notice of October 8, 2008 (73
FR 58958) (FRL-8385-2), EPA announced its receipt of voluntary requests
by registrants to cancel and amend certain product registrations,
including deletion of the sorghum use for aldicarb from two
registrations. In the Federal Register notice of May 20, 2009 (74 FR
23690) (FRL-8412-8), EPA published a cancellation order and granted the
requested amendments to terminate certain uses in follow-up to the
October 8, 2008 notice, including deletion of the sorghum uses for
aldicarb from two

[[Page 43375]]

registrations. EPA permitted persons other than the registrant to sell,
distribute, or use the existing stocks until supplies are exhausted.
Also, in the Federal Register notice of December 10, 2008 (73 FR 75105)
(FRL-8393-7), EPA announced its receipt of voluntary requests by
registrants to cancel certain product registrations, including the last
aldicarb registration with sorghum use in the United States. In a
letter to the registrant dated June 8, 2009, EPA cancelled the last
aldicarb registration with sorghum use and permitted persons other than
the registrant to sell, distribute, or use the existing stocks until
supplies are exhausted. EPA believes that existing stocks regarding
these three aldicarb registrations described herein are now exhausted.
Therefore, EPA is proposing to revoke the tolerances for aldicarb in 40
CFR 180.269(a) on sorghum, grain, bran; sorghum, grain, grain; and
sorghum, grain, stover.
3. Alternaria destruens strain 059. In the Federal Register of July
24, 2009 (74 FR 36699) (FRL-8427-4), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list included
cancellation orders for the last active registrations for Alternaria
destruens strain 059. There have been no active registrations for over
5 years, and therefore the tolerance exemption for Alternaria destruens
strain 059 is no longer needed and should be revoked. Consequently, EPA
is proposing to revoke the tolerance exemption when used in or on all
raw agricultural commodities for Alternaria destruens strain 059 in 40
CFR 180.1256.
4. Azinphos-methyl (AZM). In the Federal Register notice of August
8, 2007 (72 FR 44511) (FRL-8134-7), EPA announced its receipt of
voluntary requests by registrants to cancel all remaining AZM products
registered for use in the United States by September 30, 2012. In the
Federal Register notice of February 20, 2008 (73 FR 9328) (FRL-8349-8),
as corrected on March 26, 2008 (73 FR 16006) (FRL-8355-1), EPA
published a cancellation order in follow-up to the August 8, 2007
notice, and granted the requested product cancellations for AZM. Among
the AZM cancellations, EPA permitted distribution, sale, and use of
existing stocks of the last AZM products (use on apples, blueberries,
cherries, parsley, and pears) until September 30, 2012. On November 28,
2012 (77 FR 70998) (FRL-9363-9), EPA modified the cancellation order of
February 20, 2008 to permit use of existing stocks of the last AZM
products (use on apples, blueberries, cherries, parsley, and pears)
until September 30, 2013. Because existing stocks may no longer be
used, the tolerances are no longer needed and should be revoked.
Consequently, EPA is proposing to revoke the tolerances for AZM in 40
CFR 180.154(a) on almond; almond, hulls; apple; blackberry; blueberry;
boysenberry; Brussels sprouts; cherry; crabapple; loganberry; parsley,
leaves; parsley, turnip rooted, roots; peach; pear; pistachio; plum,
prune; quince; raspberry; and walnut. Also, EPA proposes to remove the
AZM tolerance in 40 CFR 180.154(a) on cranberry which expired on
December 31, 2012.
5. Butylate. Because the tolerances in 40 CFR 180.232 for residues
of butylate all expired on March 23, 2013, EPA proposes to remove that
section in its entirety.
6. Cacodylic acid. Because the sole tolerance in 40 CFR 180.311 for
cacodylic acid residues of concern expired on January 1, 2012, EPA
proposes to remove that section in its entirety.
7. Chloroneb. Because the tolerances in 40 CFR 180.257 for
chloroneb residues of concern all expired on April 16, 2012, EPA
proposes to remove that section in its entirety.
8. Clofencet. Because the tolerances in 40 CFR 180.497 for residues
of clofencet all expired on July 14, 2012, EPA proposes to remove that
section in its entirety.
9. Delta endotoxin of Bacillus thuringiensis variety San Diego
encapsulated into killed Pseudomonas fluorescens. In the Federal
Register of November 6, 2003 (68 FR 62785) (FRL-7331-3), EPA published
a list of cancellation orders issued for non-payment of the annual
maintenance fee to keep pesticide registrations in effect. That list
included cancellation orders for the last active registration for the
delta endotoxin of Bacillus thuringiensis variety San Diego. There have
been no active registrations for over eleven years, and therefore the
tolerance exemption for them is no longer needed and should be revoked.
Consequently, EPA is proposing to revoke the tolerance exemption in or
on all raw agricultural commodities for the delta endotoxin of Bacillus
thuringiensis variety San Diego in 40 CFR 180.1108.
10. 2,2-Dimethyl-1,3-benzodioxol-4-ol methylcarbamate. Because the
two tolerances in 40 CFR 180.530 for residues of 2,2-dimethyl-1,3-
benzodioxol-4-ol methylcarbamate expired on April 26, 2005, EPA
proposes to remove that section in its entirety.
11. Etridiazole (5-ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole).
In the Federal Register notice of November 20, 2013 (78 FR 69666) (FRL-
9902-40), EPA announced its receipt of voluntary requests by
registrants to cancel certain product registrations, including the last
etridiazole product registered for use on specific food commodities
(barley, bean, corn, pea, peanut, safflower, sorghum, soybean, and
wheat) in the United States. In the Federal Register notice of March
13, 2014 (79 FR 14247) (FRL-9905-37), EPA published a cancellation
order in follow-up to the November 20, 2013 notice and granted the
requested product cancellations for etridiazole. EPA permitted the
registrant to sell and distribute existing stocks of those etridiazole
products until March 13, 2015 and persons other than the registrant to
sell, distribute, or use the existing stocks until supplies are
exhausted. EPA believes that existing stocks are likely to be exhausted
by March 13, 2016. However, as explained in Unit II.C., EPA is
proposing that the actions herein become effective 6 months after the
date of publication of the final rule in the Federal Register.
Consequently, EPA expects that the effective date of the final rule
will occur after existing stocks are exhausted; i.e., after March 13,
2016. Therefore, EPA is proposing to revoke the tolerances for
etridiazole (5-ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole) in 40 CFR
180.370(a) on barley, grain; barley, hay; corn, field, forage; corn,
field, grain; corn, field, stover; corn, sweet, forage; corn, sweet,
stover; peanut; peanut, hay; safflower, seed; sorghum, grain, forage;
sorghum, grain, grain; vegetable, foliage of legume, group 7;
vegetable, legume, group 6; wheat, forage; wheat, grain; and wheat,
straw.
12. Eucalyptus oil. Because time-limited tolerance exemptions in 40
CFR 180.1241 for the use of the pesticide Eucalyptus oil on honey and
honeycomb expired on June 30, 2007, EPA is proposing to remove them
from 40 CFR 180.1241, and remove that section in its entirety.
13. Fenarimol. In the Federal Register notice of February 22, 2012
(77 FR 10516) (FRL-9336-4), EPA announced its receipt of voluntary
requests by registrants to cancel certain product registrations,
including the last fenarimol products registered for use on specific
food commodities (apple, cherry, grape, hazelnut, hops, pear, and
pecan) in the United States. In the Federal Register notice of May 2,
2012 (77 FR 26004) (FRL-9347-4), EPA published a cancellation order in
follow-up to the February 22, 2012

[[Page 43376]]

notice and granted the requested product cancellations for fenarimol.
EPA permitted the registrant to sell and distribute existing stocks of
those fenarimol products until July 31, 2013 and persons other than the
registrant to sell and distribute existing stocks through July 31,
2015, and use the existing stocks until supplies are exhausted. EPA
believes that existing stocks are likely to be exhausted by July 31,
2016. Therefore, EPA is proposing to revoke the tolerances for
fenarimol in 40 CFR 180.421(a) on apple; apple, wet pomace; cattle,
fat; cattle, kidney; cattle, meat; cattle, meat byproducts, except
kidney; cherry, sweet; cherry, tart; goat, fat; goat, kidney; goat,
meat; goat, meat byproducts, except kidney; grape; hazelnut; hop, dried
cones; horse, fat; horse, kidney; horse, meat; horse, meat byproducts,
except kidney; pear; pecan; sheep, fat; sheep, kidney; sheep, meat; and
sheep, meat byproducts, except kidney; each with an expiration/
revocation date of July 31, 2016.
Also, EPA is proposing to re-instate a footnote for the import
tolerance on banana in 40 CFR 180.421(a), which was inadvertently
removed on September 15, 2006 (71 FR 54423) (FRL-8077-9), as shown in
the regulatory text at the end of this document.
14. Flusilazole. Because the tolerances in 40 CFR 180.630 for
residues of flusilazole all expired on December 31, 2010, EPA proposes
to remove that section in its entirety.
15. Gentamicin. Because the sole tolerance in 40 CFR 180.642 for
residues of gentamicin expired on December 31, 2010, EPA proposes to
remove that section in its entirety.
16. Imazamethabenz-methyl (2-(4-isopropyl-4-methyl-5-oxo-2-
imidazolin-2-yl)-p-toluate and methyl 6-(4-isopropyl-4-methyl-5-oxo-2-
imidazolin-2-yl)-m-toluate). In the Federal Register notice of May 20,
2014 (79 FR 28920) (FRL-9909-40), EPA announced its receipt of
voluntary requests by registrants to cancel certain product
registrations, including the last imazamethabenz-methyl products
registered for use in or on food in the United States. In the Federal
Register notice of August 6, 2014 (79 FR 45798) (FRL-9914-09), EPA
published cancellation orders in follow-up to the May 20, 2014 notice,
and granted the requested product cancellations for imazamethabenz-
methyl. EPA permitted the registrant to sell and distribute existing
stocks of one of the last imazamethabenz-methyl products for use in or
on food until August 6, 2015 and the other until December 31, 2015 (per
the registrant's request). Persons other than the registrant were
permitted to sell, distribute, or use existing stocks until supplies
are exhausted. EPA believes that existing stocks are likely to be
exhausted by December 31, 2016. Therefore, EPA is proposing to revoke
the tolerances for imazamethabenz-methyl in 40 CFR 180.437 on barley,
grain; barley, straw; sunflower, seed; wheat, grain; and wheat, straw;
each with an expiration/revocation date of December 31, 2016, revise
the section heading to imazamethabenz-methyl, and designate the
existing introductory text as paragraph (a). In addition, in order to
describe more clearly the measurement and scope or coverage of the
tolerances, EPA is proposing to revise the text in newly designated
paragraph (a) to read as set out in the proposed regulatory text at the
end of this document. The revision would not substantively change the
tolerance or, in any way, modify the permissible level of residues
permitted by the tolerance.
Also, in accordance with current Agency practice, EPA is proposing
to revise 40 CFR 180.437 by adding separate paragraphs (b), (c), and
(d), and reserving those sections for tolerances with section 18
emergency exemptions, regional registrations, and indirect or
inadvertent residues, respectively.
17. Kaolin. Because the time-limited tolerance exemption in 40 CFR
180.1180(a) for the use of the pesticide kaolin on crops (apples,
apricots, bananas, beans, cane berries, citrus fruits, corn, cotton,
cranberries, cucurbits, grapes, melons, nuts, ornamentals, peaches,
peanuts, pears, peppers, plums, potatoes, seed crops, small grains,
soybeans, strawberries, sugar beets, and tomatoes) expired on December
31, 1999, EPA proposes to remove that paragraph and proposes to revise
40 CFR 180.1180(b) to 40 CFR 180.1180.
18. Lagenidium giganteum. In the Federal Register of September 28,
2011 (76 FR 60025) (FRL-8889-7), EPA published a notice which granted
registrant-requested cancellations. That list included cancellation
orders for the last active registrations for Lagenidium giganteum. The
registrant was permitted to sell and distribute existing pesticide
stocks until September 28, 2012. Persons other than the registrant were
permitted to sell, distribute, and use existing stocks until
exhaustion. EPA believes that existing stocks are exhausted; i.e., more
than 2 years after the registrant was no longer permitted to sell and
distribute them, and therefore the tolerance exemptions for them are no
longer needed and should be revoked. Consequently, EPA is proposing to
revoke the tolerance exemptions for residues in or on aspirated grain
fractions; grass, forage; grass, hay; rice, grain; rice, straw;
soybean, seed; soybean, forage; soybean, hay; and rice, wild, grain for
Lagenidium giganteum in 40 CFR 180.1113.
19. Methamidophos. Because the tolerances in 40 CFR 180.315 for
residues of methamidophos all expired, some on December 31, 2012 and
others on December 31, 2013, EPA proposes to remove that section in its
entirety.
20. Methyl parathion. Because the tolerances in 40 CFR 180.121 for
residues of methyl parathion all expired on December 31, 2013, EPA
proposes to remove that section in its entirety.
21. Multiple active ingredients. In the Federal Register of October
27, 2004 (69 FR 62666) (FRL-7683-7), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list included
cancellation orders for the last active registrations for the following
pesticide active ingredients: Delta endotoxin of Bacillus thuringiensis
variety kurstaki encapsulated into killed Pseudomonas fluorescens,
Ampelomyces quisqualis isolate M10, Candida oleophila isolate I-182,
and CryIA(c) and CryIC derived delta-endotoxins of Bacillus
thuringiensis var. kurstaki encapsulated in killed Pseudomonas
fluorescens, and the expression plasmid and cloning vector genetic
constructs. They have had no active registrations for over ten years,
and therefore the tolerance exemptions for them are no longer needed
and should be revoked. Consequently, EPA is proposing to revoke the
tolerance exemptions for the following: Delta endotoxin of Bacillus
thuringiensis variety kurstaki in 40 CFR 180.1107, Ampelomyces
quisqualis isolate M10 in 40 CFR 180.1131, Candida oleophila isolate I-
182 in 40 CFR 180.1144, and CryIA(c) and CryIC derived delta-endotoxins
of Bacillus thuringiensis var. kurstaki encapsulated in killed
Pseudomonas fluorescens, and the expression plasmid and cloning vector
genetic constructs in 40 CFR 180.1154.
22. Phosalone. Because the tolerances in 40 CFR 180.263 for
residues of phosalone all expired on September 30, 2013, EPA proposes
to remove that section in its entirety.
23. Pseudomonas fluorescens strain PRA-25. Because the temporary
tolerance exemption in 40 CFR 180.1200 for the use of the pesticide
Pseudomonas fluorescens strain PRA-25 on peas, snap beans, and sweet
corn expired on July 31, 2001, EPA proposes to remove that section in
its entirety.

[[Page 43377]]

24. Pseudozyma flocculosa strain PF-A22 UL. In the Federal Register
of July 27, 2011 (76 FR 44907) (FRL-8879-8), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list included
cancellation orders for the last active registrations for Pseudozyma
flocculosa strain PF-A22 UL. There have been no active registrations
for over 3 years, and therefore the tolerance exemption for them is no
longer needed and should be revoked. Consequently, EPA is proposing to
revoke the tolerance exemption when used in or on all food commodities
for Pseudozyma flocculosa strain PF-A22 UL in 40 CFR 180.1221.
25. Pythium oligandrum DV 74. EPA is proposing in 40 CFR 180.1275
to revise the section heading from ``Pythium'' to ``Pythium oligandrum
DV 74'' and make minor grammatical, non-substantive revisions to the
introductory text to read as set out in the proposed regulatory text at
the end of this document.
26. Tepraloxydim. In the Federal Register notice of May 20, 2014
(79 FR 28920) (FRL-9909-40), EPA announced its receipt of voluntary
requests by registrants to cancel certain product registrations,
including the last tepraloxydim products registered for use in the
United States. In the Federal Register notice of August 6, 2014 (79 FR
45798) (FRL-9914-09), EPA published cancellation orders in follow-up to
the May 20, 2014 notice, and granted the requested product
cancellations for tepraloxydim. The registrant indicated to EPA that
tepraloxydim products were never marketed in the United States since
the time of first registration, and therefore provisions for them to
sell and distribute existing stocks are not necessary. Persons other
than the registrant were permitted by EPA to sell, distribute, or use
existing stocks until supplies are exhausted. The registrant stated
that the products will continue to be used in Canada through 2017 and
requested that EPA maintain the existing tolerances through 2018 in
order to avoid trade barriers of tepraloxydim-treated commodities such
as canola and dried peas and beans. Consequently, EPA is proposing to
revoke the tolerances in 40 CFR 180.573(a)(1) on cotton, undelinted
seed; cotton, gin byproducts; flax, seed; grain, aspirated fraction;
pea and bean, dried shelled, except soybean, subgroup 6C; soybean,
seed; soybean, hulls; and sunflower subgroup 20B; each with an
expiration/revocation date of December 31, 2018.
Also, EPA is proposing to revoke the tolerances in 40 CFR
180.573(a)(2) on cattle, fat; cattle, kidney; cattle, meat; cattle,
meat byproducts, except kidney; egg; goat, fat; goat, kidney; goat,
meat; goat, meat byproducts, except kidney; hog, fat; hog, kidney; hog,
meat; hog, meat byproducts, except kidney; horse, fat; horse, kidney;
horse, meat; horse, meat byproducts, except kidney; milk; poultry, fat;
poultry, liver; poultry, meat; poultry, meat byproducts, except liver;
sheep, fat; sheep, kidney; sheep, meat; and sheep, meat byproducts,
except kidney; each with an expiration/revocation date of December 31,
2018.
In addition, EPA is proposing to revoke the tolerance in 40 CFR
180.573(c) on canola, seed with an expiration/revocation date of
December 31, 2018.
27. Thiacloprid. In the Federal Register notice of May 20, 2014 (79
FR 28920) (FRL-9909-40), EPA announced its receipt of voluntary
requests by registrants to cancel certain product registrations,
including the last thiacloprid products registered for use in the
United States. In the Federal Register notice of August 6, 2014 (79 FR
45798) (FRL-9914-09), EPA published cancellation orders in follow-up to
the May 20, 2014 notice, and granted the requested product
cancellations for thiacloprid. EPA permitted the registrant to sell and
distribute existing stocks of one of the last thiacloprid products
until August 6, 2015 and the other until February 8, 2016 (per the
registrant's request). Persons other than the registrant were permitted
to sell, distribute, or use existing stocks until supplies are
exhausted. EPA believes that existing stocks are likely to be exhausted
by February 8, 2017. Therefore, EPA is proposing to revoke the
tolerances for thiacloprid in 40 CFR 180.594(a) on apple, wet pomace;
cattle, fat; cattle, kidney; cattle, liver; cattle, meat; cattle, meat
byproducts; cherry subgroup 12-12A; cotton, gin byproducts; cotton,
undelinted seed; fruit, pome, group 11; goat, fat; goat, kidney; goat,
liver; goat, meat; goat, meat byproducts; horse, fat; horse, kidney;
horse, liver; horse, meat; horse, meat byproducts; milk; peach subgroup
12-12B; pepper; plum subgroup 12-12C; sheep, fat; sheep, kidney; sheep,
liver; sheep, meat; sheep, meat byproducts; each with an expiration/
revocation date of February 8, 2017.
28. Thiazopyr. In the Federal Register notice of June 13, 2012 (77
FR 35379) (FRL-9351-7), EPA announced its receipt of voluntary requests
by the registrants to cancel certain product registrations, including
the last thiazopyr products registered for use on specific food
commodities (grapefruit and orange) in the United States. In the
Federal Register notice of September 12, 2012 (77 FR 56202) (FRL-9359-
1), EPA published a cancellation order in follow-up to the June 13,
2012 notice and granted the requested product cancellations for
thiazopyr. EPA permitted the registrant to sell and distribute existing
stocks of those thiazopyr products until September 12, 2013 and persons
other than the registrant to sell, distribute, and use existing stocks
until supplies are exhausted. EPA believes that existing stocks are now
exhausted. Therefore, EPA is proposing to revoke the tolerances for
thiazopyr in 40 CFR 180.496 on grapefruit and orange, sweet.
29. Tralkoxydim. In the Federal Register notices of June 12, 2013
(78 FR 35268) (FRL-9388-5) and August 21, 2013 (78 FR 51721) (FRL-9396-
5), EPA announced its receipt of voluntary requests by registrants to
cancel certain product registrations, including the last tralkoxydim
products registered for use in the United States. In the Federal
Register notices of September 20, 2013 (78 FR 57850) (FRL-9396-3) and
October 30, 2013 (78 FR 64938) (FRL-9403-2), EPA published cancellation
orders in follow-up to the June 12, 2013 and August 21, 2013 notices,
respectively, and granted the requested product cancellations for
tralkoxydim. EPA permitted the registrant to sell and distribute
existing stocks of those last tralkoxydim products until November 1,
2014 and persons other than the registrant to sell, distribute, or use
existing stocks until supplies are exhausted. EPA believes that
existing stocks are likely to be exhausted by November 1, 2015.
However, as explained in Unit II.C., EPA is proposing that the actions
herein become effective 6 months after the date of publication of the
final rule in the Federal Register. Consequently, EPA expects that the
effective date of the final rule will occur after the existing stocks
are exhausted; i.e., after November 1, 2015. Therefore, EPA is
proposing to revoke the tolerances for tralkoxydim in 40 CFR 180.548(a)
on barley, grain; barley, hay; barley, straw; wheat, forage; wheat,
grain; wheat, hay; and wheat, straw.
30. Tralomethrin. Because the tolerances in 40 CFR 180.422 for
tralomethrin residues of concern all expired on July 9, 2013, EPA
proposes to remove that section in its entirety.
31. Trichoderma harzianum strain T-39. In the Federal Register of
August 3, 2005 (70 FR 44637) (FRL-7726-4), EPA published a list of
cancellation orders issued for non-payment of the annual maintenance
fee to keep pesticide registrations in effect. That list

[[Page 43378]]

included cancellation orders for the last active registration for
Trichoderma harzianum strain T-39. There have been no active
registrations for over 9 years, and therefore the tolerance exemption
for them is no longer needed and should be revoked. Consequently, EPA
is proposing to revoke the tolerance exemption on all food commodities
for Trichoderma harzianum strain T-39 in 40 CFR 180.1201.
32. Zucchini yellow mosaic virus-weak strain. In the Federal
Register of July 28, 2010 (75 FR 44240) (FRL-8835-2), EPA published a
list of cancellation orders issued for non-payment of the annual
maintenance fee to keep pesticide registrations in effect. That list
included cancellation orders for the last active registration for
Zucchini yellow mosaic virus-weak strain. There have been no active
registrations for over 4 years, and therefore the tolerance exemption
for them is no longer needed and should be revoked. Consequently, EPA
is proposing to revoke the tolerance exemption when used in or on all
raw cucurbits for Zucchini yellow mosaic virus-weak strain in 40 CFR
180.1279.

B. What is the agency's authority for taking this action?

A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
authorizes the establishment of tolerances, exemptions from tolerance
requirements, modifications in tolerances, and revocation of tolerances
for residues of pesticide chemicals in or on raw agricultural
commodities and processed foods. Without a tolerance or exemption, food
containing pesticide residues is considered to be unsafe and therefore
``adulterated'' under FFDCA section 402(a), 21 U.S.C. 342(a). Such food
may not be distributed in interstate commerce, 21 U.S.C. 331(a). For a
food-use pesticide to be sold and distributed, the pesticide must not
only have appropriate tolerances under the FFDCA, but also must be
registered under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), 7 U.S.C. 136 et seq. Food-use pesticides not registered in
the United States must have tolerances in order for commodities treated
with those pesticides to be imported into the United States.
EPA's general practice is to propose revocation of tolerances for
residues of pesticide active ingredients on crops for which FIFRA
registrations no longer exist and on which the pesticide may therefore
no longer be used in the United States. EPA has historically been
concerned that retention of tolerances that are not necessary to cover
residues in or on legally treated foods may encourage misuse of
pesticides within the United States. Nonetheless, EPA will establish
and maintain tolerances even when corresponding domestic uses are
canceled if the tolerances, which EPA refers to as ``import
tolerances,'' are necessary to allow importation into the United States
of food containing such pesticide residues. However, where there are no
imported commodities that require these import tolerances, the Agency
believes it is appropriate to revoke tolerances for unregistered
pesticides in order to prevent potential misuse.
Furthermore, as a general matter, the Agency believes that
retention of import tolerances not needed to cover any imported food
may result in unnecessary restriction on trade of pesticides and foods.
Under FFDCA section 408, a tolerance may only be established or
maintained if EPA determines that the tolerance is safe based on a
number of factors, including an assessment of the aggregate exposure to
the pesticide and an assessment of the cumulative effects of such
pesticide and other substances that have a common mechanism of
toxicity. In doing so, EPA must consider potential contributions to
such exposure from all tolerances. If the cumulative risk is such that
the tolerances in aggregate are not safe, then every one of these
tolerances is potentially vulnerable to revocation. Furthermore, if
unneeded tolerances are included in the aggregate and cumulative risk
assessments, the estimated exposure to the pesticide would be inflated.
Consequently, it may be more difficult for others to obtain needed
tolerances or to register needed new uses. To avoid potential trade
restrictions, the Agency is proposing to revoke tolerances for residues
on crops uses for which FIFRA registrations no longer exist, unless
someone expresses a need for such tolerances. Through this proposed
rule, the Agency is inviting individuals who need these import
tolerances to identify themselves and the tolerances that are needed to
cover imported commodities.
Parties interested in retention of the tolerances should be aware
that additional data may be needed to support retention. These parties
should be aware that, under FFDCA section 408(f), if the Agency
determines that additional information is reasonably required to
support the continuation of a tolerance, EPA may require that parties
interested in maintaining the tolerances provide the necessary
information. If the requisite information is not submitted, EPA may
issue an order revoking the tolerance at issue.

C. When do these actions become effective?

EPA is proposing that the actions herein become effective 6 months
after the date of publication of the final rule in the Federal
Register. EPA is proposing this effective date for these actions to
allow a reasonable interval for producers in exporting members of the
World Trade Organization's (WTO's) Sanitary and Phytosanitary (SPS)
Measures Agreement to adapt to the requirements of a final rule. With
the exception of the proposed revocation of tolerances with expiration
dates for fenarimol, imazamethabenz-methyl, tepraloxydim, and
thiacloprid, the Agency believes that existing stocks of pesticide
products labeled for the uses associated with the tolerances proposed
for revocation have been completely exhausted and that treated
commodities have cleared the channels of trade. Where EPA is proposing
revocation with expiration dates for fenarimol, imazamethabenz-methyl,
tepraloxydim, and thiacloprid, the Agency believes that this revocation
date allows users to exhaust stocks and allows sufficient time for
passage of treated commodities through the channels of trade. If you
have comments regarding existing stocks and whether the effective date
allows sufficient time for treated commodities to clear the channels of
trade, please submit comments as described under SUPPLEMENTARY
INFORMATION.
Any commodities listed in this proposal treated with the pesticides
subject to this proposal, and in the channels of trade following the
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as
established by FQPA. Under this unit, any residues of these pesticides
in or on such food shall not render the food adulterated so long as it
is shown to the satisfaction of the Food and Drug Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA,
and
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.

III. International Residue Limits

In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever

[[Page 43379]]

possible, consistent with U.S. food safety standards and agricultural
practices. EPA considers the international maximum residue limits
(MRLs) established by the Codex Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint
United Nations Food and Agriculture Organization/World Health
Organization food standards program, and it is recognized as an
international food safety standards-setting organization in trade
agreements to which the United States is a party. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain the reasons for departing from the
Codex level.
The Codex has not established a MRL for etridiazole,
imazamethabenz-methyl, tepraloxydim, thiazopyr, and tralkoxydim.
The Codex has established MRLs for acephate, in or on various
commodities, including beans, except broad bean and soya bean at 5
milligrams/kilogram (mg/kg). The beans, except broad bean and soya bean
MRL is different than the tolerance established for alidicarb on
succulent bean in the United States because of a difference in use
pattern and/or agricultural practice.
The Codex has established MRLs for aldicarb, in or on various
commodities, including sorghum at 0.1 mg/kg, which is covered by a
current U.S. tolerance at a higher level than the MRL, and sorghum
straw and fodder, dry at 0.5 mg/kg, which is the same as the U.S.
tolerance. The sorghum MRL is different than the tolerance established
for alidicarb in the United States because of a difference in use
pattern and/or agricultural practice.
The Codex has established MRLs for azinphos-methyl in or on various
commodities, including almond hulls and blueberries at 5 m/kilogram
(mg/kg), cherries, peach, and plums (including prunes) at 2 mg/kg, and
walnuts at 0.3 mg/kg. These MRLs are the same as the tolerances
established for azinphos-methyl in the United States.
The Codex has established MRLs for azinphos-methyl, in or on
various commodities, including almonds and apple at 0.05 mg/kg (which
are covered by current U.S. tolerances at a higher level than the
MRLs), and pear at 2 mg/kg. These MRLs are different than the
tolerances established for azinphos-methyl in the United States because
of differences in use patterns and/or agricultural practices.
The Codex has established MRLs for fenarimol in or on various
commodities, including cattle, liver at 0.05 mg/kg, cherries at 1 mg/
kg, hops, dry at 5 mg/kg, and pecan at 0.02 mg/kg. These MRLs are the
same as the tolerances established for fenarimol in the United States.
The Codex has established MRLs for fenarimol, in or on various
commodities, including cattle kidney and cattle meat at 0.02 mg/kg; and
grapes at 0.3 mg/kg. These MRLs are different than the tolerances
established for fenarimol in the United States because of differences
in use patterns and/or agricultural practices.
The Codex has established MRLs for thiacloprid in or on various
commodities, including cotton seed at 0.02 mg/kg, peppers, sweet at 1
mg/kg, and stone fruits at 0.5 mg/kg (for U.S. tolerances on cherry
subgroup and peach subgroup). These MRLs are the same as the tolerances
established for thiacloprid in the United States.
The Codex has established MRLs for thiacloprid, in or on various
commodities, including milks at 0.05 mg/kg; pome fruits at 0.7 mg/kg,
and stone fruits at 0.5 mg/kg (for U.S. tolerance on plum subgroup).
These MRLs are different than the tolerances established for
thiacloprid in the United States because of differences in use patterns
and/or agricultural practices.

IV. Statutory and Executive Order Reviews

In this proposed rule, EPA is proposing to revoke specific
tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted this type of action (e.g.,
tolerance revocation for which extraordinary circumstances do not
exist) from review under Executive Order 12866, entitled ``Regulatory
Planning and Review'' (58 FR 51735, October 4, 1993). Because this
proposed rule has been exempted from review under Executive Order 12866
due to its lack of significance, this proposed rule is not subject to
Executive Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This proposed rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). Nor does
it require any special considerations as required by Executive Order
12898, entitled ``Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations'' (59 FR 7629, February
16, 1994); or OMB review or any other Agency action under Executive
Order 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This
proposed rule does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note). Pursuant to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously
assessed whether revocations of tolerances might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. This analysis was published in
the Federal Register of December 17, 1997 (62 FR 66020) (FRL-5753-1),
and was provided to the Chief Counsel for Advocacy of the Small
Business Administration. Taking into account this analysis, and
available information concerning the pesticides listed in this proposed
rule, the Agency hereby certifies that this proposed rule will not have
a significant negative economic impact on a substantial number of small
entities. In a memorandum dated May 25, 2001, EPA determined that eight
conditions must all be satisfied in order for an import tolerance or
tolerance exemption revocation to adversely affect a significant number
of small entity importers, and that there is a negligible joint
probability of all eight conditions holding simultaneously with respect
to any particular revocation. (This Agency document is available in the
docket of this proposed rule). Furthermore, for the pesticides named in
this proposed rule, the Agency knows of no extraordinary circumstances
that exist as to the present proposed rule that would change EPA's
previous analysis. Any comments about the Agency's determination should
be submitted to the EPA along with comments on the proposed rule, and
will be addressed prior to issuing a final rule. In addition, the
Agency has determined that this proposed rule will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999). Executive Order 13132 requires EPA to develop an accountable
process

[[Page 43380]]

to ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' is
defined in the Executive order to include regulations that have
``substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.'' This
proposed rule directly regulates growers, food processors, food
handlers, and food retailers, not States. This proposed rule does not
alter the relationships or distribution of power and responsibilities
established by Congress in the preemption provisions of FFDCA section
408(n)(4). For these same reasons, the Agency has determined that this
proposed rule does not have any ``tribal implications'' as described in
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Executive
Order 13175, requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.'' This proposed rule
will not have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

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

Dated: July 7, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.

Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

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

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

Sec. 180.108 [Amended]

0
2. In Sec. 180.108, remove the entries for ``Bean, succulent'' from
the tables in paragraphs (a)(1) and (3).

Sec. Sec. 180.121, 180.154, 180.232, 180.257, and 180.263 [Removed]

0
3. Remove Sec. Sec. 180.121, 180.154, 180.232, 180.257, and 180.263.

Sec. 180.269 [Amended]

0
4. In Sec. 180.269, remove the entries for ``Sorghum, grain, bran,''
``Sorghum, grain, grain,'' and ``Sorghum, grain, stover,'' from the
table in paragraph (a).

Sec. Sec. 180.311 and 180.315 [Removed]

0
5. Remove Sec. Sec. 180.311 and 180.315.
0
6. In Sec. 180.370, revise the table in paragraph (a) to read as
follows:

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

(a) * * *

------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cotton, gin byproducts.................................. 0.1
Cotton, undelinted seed................................. 0.1
Tomato.................................................. 0.15
------------------------------------------------------------------------

* * * * *
0
7. In Sec. 180.421, revise the table in paragraph (a) to read as
follows:

Sec. 180.421 Fenarimol; tolerances for residues.

(a) * * *

------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Apple................................... 0.3 7/31/16
Apple, wet pomace....................... 0.3 7/31/16
Banana\1\............................... 0.25 None
Cattle, fat............................. 0.01 7/31/16
Cattle, kidney.......................... 0.01 7/31/16
Cattle, meat............................ 0.01 7/31/16
Cattle, meat byproducts, except kidney.. 0.05 7/31/16
Cherry, sweet........................... 1.0 7/31/16
Cherry, tart............................ 1.0 7/31/16
Goat, fat............................... 0.01 7/31/16
Goat, kidney............................ 0.01 7/31/16
Goat, meat.............................. 0.01 7/31/16
Goat, meat byproducts, except kidney.... 0.05 7/31/16
Grape................................... 0.1 7/31/16
Hazelnut................................ 0.02 7/31/16
Hop, dried cones........................ 5.0 7/31/16
Horse, fat.............................. 0.01 7/31/16
Horse, kidney........................... 0.01 7/31/16
Horse, meat............................. 0.01 7/31/16
Horse, meat byproducts, except kidney... 0.05 7/31/16
Pear.................................... 0.1 7/31/16
Pecan................................... 0.02 7/31/16
Sheep, fat.............................. 0.01 7/31/16
Sheep, kidney........................... 0.01 7/31/16
Sheep, meat............................. 0.01 7/31/16
Sheep, meat byproducts, except kidney... 0.05 7/31/16
Vegetable, cucurbit, group 9 \2\........ 0.20 None
------------------------------------------------------------------------
\1\ There are no U.S. registrations for bananas as of April 26, 1995.
\2\ There are no U.S. registrations for cucurbit vegetable group 9 as of
August 27, 2010.

[[Page 43381]]

* * * * *

Sec. 180.422 [Removed]

0
8. Remove Sec. 180.422.
0
9. Revise Sec. 180.437 to read as follows:

Sec. 180.437 Imazamethabenz-methyl; tolerances for residues.

(a) General. Tolerances are established for residues of the
herbicide imazamethabenz-methyl, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only imazamethabenz-methyl (methyl 2-[4,5-
dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-4-
methylbenzoate) or (methyl 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-
oxo-1H-imidazol-2-yl]-5-methylbenzoate), as the sum of its para- and
meta-isomers in or on the commodity.

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

Sec. Sec. 180.496, 180.497, 180.530, and 180.548 [Removed]

0
10. Remove Sec. Sec. 180.496, 180.497, 180.530, and 180.548.
0
11. In Sec. 180.573, revise the table in paragraphs (a)(1), (a)(2),
and (c) to read as follows:

Sec. 180.573 Tepraloxydim; tolerances for residues.

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

(2) * * *

------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Cattle, fat............................. 0.15 12/31/18
Cattle, kidney.......................... 0.50 12/31/18
Cattle, meat............................ 0.20 12/31/18
Cattle, meat, byproducts, except kidney. 0.20 12/31/18
Egg..................................... 0.20 12/31/18
Goat, fat............................... 0.15 12/31/18
Goat, kidney............................ 0.50 12/31/18
Goat, meat.............................. 0.20 12/31/18
Goat, meat, byproducts, except kidney... 0.20 12/31/18
Hog, fat................................ 0.15 12/31/18
Hog, kidney............................. 0.50 12/31/18
Hog, meat............................... 0.20 12/31/18
Hog, meat, byproducts, except kidney.... 0.20 12/31/18
Horse, fat.............................. 0.15 12/31/18
Horse, kidney........................... 0.50 12/31/18
Horse, meat............................. 0.20 12/31/18
Horse, meat, byproducts, except kidney.. 0.20 12/31/18
Milk.................................... 0.10 12/31/18
Poultry, fat............................ 0.30 12/31/18
Poultry, liver.......................... 1.00 12/31/18
Poultry, meat........................... 0.20 12/31/18
Poultry, meat byproducts, except liver.. 0.20 12/31/18
Sheep, fat.............................. 0.15 12/31/18

[[Page 43382]]

Sheep, kidney........................... 0.50 12/31/18
Sheep, meat............................. 0.20 12/31/18
Sheep, meat byproducts, except kidney... 0.20 12/31/18
------------------------------------------------------------------------

* * * * *
(c) * * *

* * * * *
0
12. In Sec. 180.594, revise the table in paragraph (a) to read as
follows:

Sec. 180.594 Thiacloprid; tolerances for residues.

(a) * * *

------------------------------------------------------------------------
Expiration/
Commodity Parts per revocation
million date
------------------------------------------------------------------------
Apple, wet pomace....................... 0.60 2/8/17
Cattle, fat............................. 0.020 2/8/17
Cattle, kidney.......................... 0.050 2/8/17
Cattle, liver........................... 0.15 2/8/17
Cattle, meat............................ 0.030 2/8/17
Cattle, meat byproducts................. 0.050 2/8/17
Cherry subgroup 12-12A.................. 0.5 2/8/17
Cotton, gin byproducts.................. 11.0 2/8/17
Cotton, undelinted seed................. 0.020 2/8/17
Fruit, pome, group 11................... 0.30 2/8/17
Goat, fat............................... 0.020 2/8/17
Goat, kidney............................ 0.050 2/8/17
Goat, liver............................. 0.15 2/8/17
Goat, meat.............................. 0.030 2/8/17
Goat, meat byproducts................... 0.050 2/8/17
Horse, fat.............................. 0.020 2/8/17
Horse, kidney........................... 0.050 2/8/17
Horse, liver............................ 0.15 2/8/17
Horse, meat............................. 0.030 2/8/17
Horse, meat byproducts.................. 0.050 2/8/17
Milk.................................... 0.030 2/8/17
Peach subgroup 12-12B................... 0.5 2/8/17
Pepper.................................. 1.0 2/8/17
Peach subgroup 12-12C................... 0.05 2/8/17
Sheep, fat.............................. 0.020 2/8/17
Sheep, kidney........................... 0.050 2/8/17
Sheep, liver............................ 0.15 2/8/17
Sheep, meat............................. 0.030 2/8/17
Sheep, meat byproducts.................. 0.050 2/8/17
------------------------------------------------------------------------

* * * * *

Sec. Sec. 180.630, 180.642, 180.1107, 180.1108, 180.1113, 180.1131,
180.1144, and 180.1154 [Removed]

0
13. Remove Sec. Sec. 180.630, 180.642, 180.1107, 180.1108, 180.1113,
180.1131, 180.1144, and 180.1154.
0
14. Revise Sec. 180.1180 to read as follows:

Sec. 180.1180 Kaolin; exemption from the requirement of a tolerance.

Kaolin is exempted from the requirement of a tolerance for residues
when used on or in food commodities to aid in the control of insects,
fungi, and bacteria (food/feed use).

Sec. Sec. 180.1200, 180.1201, 180.1221, 180.1241, and
180.1256 [Removed]

0
15. Remove Sec. Sec. 180.1200, 180.1201, 180.1221, 180.1241, and
180.1256.
0
16. Revise Sec. 180.1275 to read as follows:

Sec. 180.1275 Pythium oligandrum DV 74; exemption from the
requirement of a tolerance.

An exemption from the requirement of a tolerance is established on
all food/feed commodities for residues of Pythium oligandrum DV 74 when
the pesticide is used on food crops.

Sec. 180.1279 [Removed]

0
17. Remove Sec. 180.1279.

[FR Doc. 2015-17628 Filed 7-21-15; 8:45 am]
BILLING CODE 6560-50-P

43374 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules

• Food manufacturing (NAICS code final rule cannot be raised again in any needed amendment to prohibit such use
311). subsequent proceedings. as a food. Since then, all but three of
• Pesticide manufacturing (NAICS those acephate product labels with a
code 32532). II. Background
food use on succulent beans have been
B. What should I consider as I prepare A. What action is the agency taking? voluntarily amended with restrictions
my comments for EPA? EPA is proposing, in follow-up to that prohibit use on succulent beans as
canceled product registrations or uses, a food. One of the remaining acephate
1. Submitting CBI. Do not submit this products with use on succulent beans as
information to EPA through to revoke certain tolerances for the
fungicides etridiazole and fenarimol; the a food is now canceled. In the Federal
regulations.gov or email. Clearly mark Register notice of March 12, 2015 (80
the part or all of the information that herbicides imazamethabenz-methyl,
tepraloxydim, thiazopyr, and FR 12996) (FRL–9923–27), EPA
you claim to be CBI. For CBI announced its receipt of voluntary
information in a disk or CD–ROM that tralkoxydim; the insecticides acephate,
aldicarb, azinphos-methyl, and requests by registrants to cancel certain
you mail to EPA, mark the outside of the product registrations, including certain
disk or CD–ROM as CBI and then thiacloprid, in or on commodities listed
in the regulatory text; and revoke certain acephate products, one of which is
identify electronically within the disk or registered for use on succulent beans as
CD–ROM the specific information that tolerance exemptions for various
microbial or biochemical pesticides. a food. In the Federal Register notice of
is claimed as CBI. In addition to one June 3, 2015 (80 FR 31596) (FRL–9926–
complete version of the comment that Also, EPA is proposing to make minor
revisions to the section heading and 88), EPA published a cancellation order
includes information claimed as CBI, a in follow-up to the March 12, 2015
copy of the comment that does not introductory text for Pythium
oligandrum DV 74. In addition, in notice and granted the requested
contain the information claimed as CBI product cancellations for acephate.
must be submitted for inclusion in the accordance with current Agency
practice, EPA is proposing to make Because the registrant ended the
public docket. Information so marked manufacture and distribution of these
will not be disclosed except in minor revisions to the tolerance
expression for imazamethabenz-methyl, canceled acephate products about 6 to 7
accordance with procedures set forth in years ago, EPA believes that existing
40 CFR part 2. and remove expired tolerances and
tolerance exemptions for various stocks for these canceled acephate
2. Tips for preparing your comments.
pesticide active ingredients. products are now exhausted. Two of the
When preparing and submitting your
In addition, EPA is proposing to remaining acephate products with food
comments, see the commenting tips at
revoke certain specific tolerances uses for succulent beans have labels that
http://www.epa.gov/dockets/
because either they are no longer are in process to be amended, to
comments.html.
needed or are associated with food uses prohibit such use as a food, and await
C. What can I do if I wish the agency that are no longer registered under approval by the Agency. One product’s
to maintain a tolerance that the agency FIFRA. Those instances where label has been re-submitted for Agency
proposes to revoke? registrations were canceled were review, while another product’s label,
This proposed rule provides a because the registrant failed to pay the recently in review, needs to be sent back
comment period of 60 days for any required maintenance fee and/or the to the registrant for re-submission to the
person to state an interest in retaining registrant voluntarily requested Agency. EPA expects that both acephate
a tolerance proposed for revocation. If cancellation of one or more registered labels could be submitted and their
EPA receives a comment within the 60- uses of the pesticide. It is EPA’s general amendments approved by the Agency
day period to that effect, EPA will not practice to propose revocation of those before a final rule is published in the
proceed to revoke the tolerance tolerances for residues of pesticide Federal Register in follow-up to this
immediately. However, EPA will take active ingredients on crop uses for proposed rule. Upon completion of the
steps to ensure the submission of any which there are no active registrations amendments for the two acephate
needed supporting data and will issue under FIFRA, unless any person in products in process, there would no
an order in the Federal Register under comments on the proposal indicates a longer be any active food uses for
the Federal Food, Drug, and Cosmetic need for the tolerance to cover residues acephate on succulent beans and
Act (FFDCA) section 408(f), if needed. in or on imported commodities or therefore no longer any need for the
The order would specify data needed legally treated domestic commodities. acephate tolerances on succulent beans.
and the timeframes for its submission, 1. Acephate. In the Federal Register Therefore, EPA is proposing to revoke
and would require that within 90 days notice of July 13, 2011 (76 FR 41250) the tolerances for acephate in 40 CFR
some person or persons notify EPA that (FRL–8879–7), EPA announced its 180.108(a)(1) and (a)(3) on bean,
they will submit the data. If the data are receipt of voluntary requests by succulent.
not submitted as required in the order, registrants to amend certain 2. Aldicarb. In the Federal Register
EPA will take appropriate action under registrations, including amendments notice of October 8, 2008 (73 FR 58958)
FFDCA. that would terminate the use of (FRL–8385–2), EPA announced its
EPA issues a final rule after acephate on succulent beans as a food receipt of voluntary requests by
considering comments that are use on technical registrations for registrants to cancel and amend certain
submitted in response to this proposed acephate. In the Federal Register notice product registrations, including deletion
rule. In addition to submitting of September 14, 2011 (76 FR 56753) of the sorghum use for aldicarb from
Lhorne on DSK7TPTVN1PROD with PROPOSALS

comments in response to this proposal, (FRL–8888–2), EPA granted the two registrations. In the Federal
you may also submit an objection at the requested amendments to terminate Register notice of May 20, 2009 (74 FR
time of the final rule. If you fail to file certain uses, including use of acephate 23690) (FRL–8412–8), EPA published a
an objection to the final rule within the on succulent beans as a food use. In late cancellation order and granted the
time period specified, you will have 2012 and early 2013, EPA issued letters requested amendments to terminate
waived the right to raise any issues to registrants with end-use registrations certain uses in follow-up to the October
resolved in the final rule. After the for acephate use on succulent beans to 8, 2008 notice, including deletion of the
specified time, issues resolved in the explain that all end-use products sorghum uses for aldicarb from two

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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 43375

registrations. EPA permitted persons cherries, parsley, and pears) until 11. Etridiazole (5-ethoxy-3-
other than the registrant to sell, September 30, 2013. Because existing (trichloromethyl)-1,2,4-thiadiazole). In
distribute, or use the existing stocks stocks may no longer be used, the the Federal Register notice of November
until supplies are exhausted. Also, in tolerances are no longer needed and 20, 2013 (78 FR 69666) (FRL–9902–40),
the Federal Register notice of December should be revoked. Consequently, EPA EPA announced its receipt of voluntary
10, 2008 (73 FR 75105) (FRL–8393–7), is proposing to revoke the tolerances for requests by registrants to cancel certain
EPA announced its receipt of voluntary AZM in 40 CFR 180.154(a) on almond; product registrations, including the last
requests by registrants to cancel certain almond, hulls; apple; blackberry; etridiazole product registered for use on
product registrations, including the last blueberry; boysenberry; Brussels specific food commodities (barley, bean,
aldicarb registration with sorghum use sprouts; cherry; crabapple; loganberry; corn, pea, peanut, safflower, sorghum,
in the United States. In a letter to the parsley, leaves; parsley, turnip rooted, soybean, and wheat) in the United
registrant dated June 8, 2009, EPA roots; peach; pear; pistachio; plum, States. In the Federal Register notice of
cancelled the last aldicarb registration prune; quince; raspberry; and walnut. March 13, 2014 (79 FR 14247) (FRL–
with sorghum use and permitted Also, EPA proposes to remove the AZM 9905–37), EPA published a cancellation
persons other than the registrant to sell, tolerance in 40 CFR 180.154(a) on order in follow-up to the November 20,
distribute, or use the existing stocks cranberry which expired on December 2013 notice and granted the requested
until supplies are exhausted. EPA 31, 2012. product cancellations for etridiazole.
believes that existing stocks regarding 5. Butylate. Because the tolerances in EPA permitted the registrant to sell and
these three aldicarb registrations 40 CFR 180.232 for residues of butylate distribute existing stocks of those
described herein are now exhausted. all expired on March 23, 2013, EPA etridiazole products until March 13,
Therefore, EPA is proposing to revoke proposes to remove that section in its 2015 and persons other than the
the tolerances for aldicarb in 40 CFR entirety. registrant to sell, distribute, or use the
180.269(a) on sorghum, grain, bran; 6. Cacodylic acid. Because the sole existing stocks until supplies are
sorghum, grain, grain; and sorghum, tolerance in 40 CFR 180.311 for exhausted. EPA believes that existing
grain, stover. cacodylic acid residues of concern stocks are likely to be exhausted by
3. Alternaria destruens strain 059. In expired on January 1, 2012, EPA March 13, 2016. However, as explained
the Federal Register of July 24, 2009 (74 proposes to remove that section in its in Unit II.C., EPA is proposing that the
FR 36699) (FRL–8427–4), EPA entirety. actions herein become effective 6
published a list of cancellation orders months after the date of publication of
7. Chloroneb. Because the tolerances
issued for non-payment of the annual the final rule in the Federal Register.
in 40 CFR 180.257 for chloroneb
maintenance fee to keep pesticide Consequently, EPA expects that the
residues of concern all expired on April
registrations in effect. That list included effective date of the final rule will occur
16, 2012, EPA proposes to remove that
cancellation orders for the last active after existing stocks are exhausted; i.e.,
section in its entirety.
registrations for Alternaria destruens after March 13, 2016. Therefore, EPA is
8. Clofencet. Because the tolerances in
strain 059. There have been no active proposing to revoke the tolerances for
registrations for over 5 years, and 40 CFR 180.497 for residues of clofencet
etridiazole (5-ethoxy-3-
therefore the tolerance exemption for all expired on July 14, 2012, EPA
(trichloromethyl)-1,2,4-thiadiazole) in
Alternaria destruens strain 059 is no proposes to remove that section in its
40 CFR 180.370(a) on barley, grain;
longer needed and should be revoked. entirety.
barley, hay; corn, field, forage; corn,
Consequently, EPA is proposing to 9. Delta endotoxin of Bacillus field, grain; corn, field, stover; corn,
revoke the tolerance exemption when thuringiensis variety San Diego sweet, forage; corn, sweet, stover;
used in or on all raw agricultural encapsulated into killed Pseudomonas peanut; peanut, hay; safflower, seed;
commodities for Alternaria destruens fluorescens. In the Federal Register of sorghum, grain, forage; sorghum, grain,
strain 059 in 40 CFR 180.1256. November 6, 2003 (68 FR 62785) (FRL– grain; vegetable, foliage of legume,
4. Azinphos-methyl (AZM). In the 7331–3), EPA published a list of group 7; vegetable, legume, group 6;
Federal Register notice of August 8, cancellation orders issued for non- wheat, forage; wheat, grain; and wheat,
2007 (72 FR 44511) (FRL–8134–7), EPA payment of the annual maintenance fee straw.
announced its receipt of voluntary to keep pesticide registrations in effect. 12. Eucalyptus oil. Because time-
requests by registrants to cancel all That list included cancellation orders limited tolerance exemptions in 40 CFR
remaining AZM products registered for for the last active registration for the 180.1241 for the use of the pesticide
use in the United States by September delta endotoxin of Bacillus thuringiensis Eucalyptus oil on honey and
30, 2012. In the Federal Register notice variety San Diego. There have been no honeycomb expired on June 30, 2007,
of February 20, 2008 (73 FR 9328) (FRL– active registrations for over eleven EPA is proposing to remove them from
8349–8), as corrected on March 26, 2008 years, and therefore the tolerance 40 CFR 180.1241, and remove that
(73 FR 16006) (FRL–8355–1), EPA exemption for them is no longer needed section in its entirety.
published a cancellation order in and should be revoked. Consequently, 13. Fenarimol. In the Federal Register
follow-up to the August 8, 2007 notice, EPA is proposing to revoke the tolerance notice of February 22, 2012 (77 FR
and granted the requested product exemption in or on all raw agricultural 10516) (FRL–9336–4), EPA announced
cancellations for AZM. Among the AZM commodities for the delta endotoxin of its receipt of voluntary requests by
cancellations, EPA permitted Bacillus thuringiensis variety San Diego registrants to cancel certain product
distribution, sale, and use of existing in 40 CFR 180.1108. registrations, including the last
Lhorne on DSK7TPTVN1PROD with PROPOSALS

stocks of the last AZM products (use on 10. 2,2-Dimethyl-1,3-benzodioxol-4-ol fenarimol products registered for use on
apples, blueberries, cherries, parsley, methylcarbamate. Because the two specific food commodities (apple,
and pears) until September 30, 2012. On tolerances in 40 CFR 180.530 for cherry, grape, hazelnut, hops, pear, and
November 28, 2012 (77 FR 70998) (FRL– residues of 2,2-dimethyl-1,3- pecan) in the United States. In the
9363–9), EPA modified the cancellation benzodioxol-4-ol methylcarbamate Federal Register notice of May 2, 2012
order of February 20, 2008 to permit use expired on April 26, 2005, EPA (77 FR 26004) (FRL–9347–4), EPA
of existing stocks of the last AZM proposes to remove that section in its published a cancellation order in
products (use on apples, blueberries, entirety. follow-up to the February 22, 2012

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43376 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules

notice and granted the requested to sell, distribute, or use existing stocks aspirated grain fractions; grass, forage;
product cancellations for fenarimol. until supplies are exhausted. EPA grass, hay; rice, grain; rice, straw;
EPA permitted the registrant to sell and believes that existing stocks are likely to soybean, seed; soybean, forage; soybean,
distribute existing stocks of those be exhausted by December 31, 2016. hay; and rice, wild, grain for
fenarimol products until July 31, 2013 Therefore, EPA is proposing to revoke Lagenidium giganteum in 40 CFR
and persons other than the registrant to the tolerances for imazamethabenz- 180.1113.
sell and distribute existing stocks methyl in 40 CFR 180.437 on barley, 19. Methamidophos. Because the
through July 31, 2015, and use the grain; barley, straw; sunflower, seed; tolerances in 40 CFR 180.315 for
existing stocks until supplies are wheat, grain; and wheat, straw; each residues of methamidophos all expired,
exhausted. EPA believes that existing with an expiration/revocation date of some on December 31, 2012 and others
stocks are likely to be exhausted by July December 31, 2016, revise the section on December 31, 2013, EPA proposes to
31, 2016. Therefore, EPA is proposing to heading to imazamethabenz-methyl, and remove that section in its entirety.
revoke the tolerances for fenarimol in 40 designate the existing introductory text 20. Methyl parathion. Because the
CFR 180.421(a) on apple; apple, wet as paragraph (a). In addition, in order to tolerances in 40 CFR 180.121 for
pomace; cattle, fat; cattle, kidney; cattle, describe more clearly the measurement residues of methyl parathion all expired
meat; cattle, meat byproducts, except and scope or coverage of the tolerances, on December 31, 2013, EPA proposes to
kidney; cherry, sweet; cherry, tart; goat, EPA is proposing to revise the text in remove that section in its entirety.
fat; goat, kidney; goat, meat; goat, meat newly designated paragraph (a) to read 21. Multiple active ingredients. In the
byproducts, except kidney; grape; as set out in the proposed regulatory Federal Register of October 27, 2004 (69
hazelnut; hop, dried cones; horse, fat; text at the end of this document. The FR 62666) (FRL–7683–7), EPA
horse, kidney; horse, meat; horse, meat revision would not substantively change published a list of cancellation orders
byproducts, except kidney; pear; pecan; the tolerance or, in any way, modify the issued for non-payment of the annual
sheep, fat; sheep, kidney; sheep, meat; permissible level of residues permitted maintenance fee to keep pesticide
and sheep, meat byproducts, except by the tolerance. registrations in effect. That list included
kidney; each with an expiration/ Also, in accordance with current cancellation orders for the last active
revocation date of July 31, 2016. Agency practice, EPA is proposing to registrations for the following pesticide
Also, EPA is proposing to re-instate a revise 40 CFR 180.437 by adding active ingredients: Delta endotoxin of
footnote for the import tolerance on separate paragraphs (b), (c), and (d), and
Bacillus thuringiensis variety kurstaki
banana in 40 CFR 180.421(a), which was reserving those sections for tolerances
encapsulated into killed Pseudomonas
inadvertently removed on September with section 18 emergency exemptions,
fluorescens, Ampelomyces quisqualis
15, 2006 (71 FR 54423) (FRL–8077–9), regional registrations, and indirect or
isolate M10, Candida oleophila isolate
as shown in the regulatory text at the inadvertent residues, respectively.
17. Kaolin. Because the time-limited I-182, and CryIA(c) and CryIC derived
end of this document.
14. Flusilazole. Because the tolerances tolerance exemption in 40 CFR delta-endotoxins of Bacillus
in 40 CFR 180.630 for residues of 180.1180(a) for the use of the pesticide thuringiensis var. kurstaki encapsulated
flusilazole all expired on December 31, kaolin on crops (apples, apricots, in killed Pseudomonas fluorescens, and
2010, EPA proposes to remove that bananas, beans, cane berries, citrus the expression plasmid and cloning
section in its entirety. fruits, corn, cotton, cranberries, vector genetic constructs. They have
15. Gentamicin. Because the sole cucurbits, grapes, melons, nuts, had no active registrations for over ten
tolerance in 40 CFR 180.642 for residues ornamentals, peaches, peanuts, pears, years, and therefore the tolerance
of gentamicin expired on December 31, peppers, plums, potatoes, seed crops, exemptions for them are no longer
2010, EPA proposes to remove that small grains, soybeans, strawberries, needed and should be revoked.
section in its entirety. sugar beets, and tomatoes) expired on Consequently, EPA is proposing to
16. Imazamethabenz-methyl (2-(4- December 31, 1999, EPA proposes to revoke the tolerance exemptions for the
isopropyl-4-methyl-5-oxo-2-imidazolin- remove that paragraph and proposes to following: Delta endotoxin of Bacillus
2-yl)-p-toluate and methyl 6-(4- revise 40 CFR 180.1180(b) to 40 CFR thuringiensis variety kurstaki in 40 CFR
isopropyl-4-methyl-5-oxo-2-imidazolin- 180.1180. 180.1107, Ampelomyces quisqualis
2-yl)-m-toluate). In the Federal Register 18. Lagenidium giganteum. In the isolate M10 in 40 CFR 180.1131,
notice of May 20, 2014 (79 FR 28920) Federal Register of September 28, 2011 Candida oleophila isolate I-182 in 40
(FRL–9909–40), EPA announced its (76 FR 60025) (FRL–8889–7), EPA CFR 180.1144, and CryIA(c) and CryIC
receipt of voluntary requests by published a notice which granted derived delta-endotoxins of Bacillus
registrants to cancel certain product registrant-requested cancellations. That thuringiensis var. kurstaki encapsulated
registrations, including the last list included cancellation orders for the in killed Pseudomonas fluorescens, and
imazamethabenz-methyl products last active registrations for Lagenidium the expression plasmid and cloning
registered for use in or on food in the giganteum. The registrant was permitted vector genetic constructs in 40 CFR
United States. In the Federal Register to sell and distribute existing pesticide 180.1154.
notice of August 6, 2014 (79 FR 45798) stocks until September 28, 2012. 22. Phosalone. Because the tolerances
(FRL–9914–09), EPA published Persons other than the registrant were in 40 CFR 180.263 for residues of
cancellation orders in follow-up to the permitted to sell, distribute, and use phosalone all expired on September 30,
May 20, 2014 notice, and granted the existing stocks until exhaustion. EPA 2013, EPA proposes to remove that
requested product cancellations for believes that existing stocks are section in its entirety.
Lhorne on DSK7TPTVN1PROD with PROPOSALS

imazamethabenz-methyl. EPA permitted exhausted; i.e., more than 2 years after 23. Pseudomonas fluorescens strain
the registrant to sell and distribute the registrant was no longer permitted to PRA-25. Because the temporary
existing stocks of one of the last sell and distribute them, and therefore tolerance exemption in 40 CFR 180.1200
imazamethabenz-methyl products for the tolerance exemptions for them are for the use of the pesticide
use in or on food until August 6, 2015 no longer needed and should be Pseudomonas fluorescens strain PRA-25
and the other until December 31, 2015 revoked. Consequently, EPA is on peas, snap beans, and sweet corn
(per the registrant’s request). Persons proposing to revoke the tolerance expired on July 31, 2001, EPA proposes
other than the registrant were permitted exemptions for residues in or on to remove that section in its entirety.

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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 43377

24. Pseudozyma flocculosa strain PF- cattle, fat; cattle, kidney; cattle, meat; Federal Register notice of September
A22 UL. In the Federal Register of July cattle, meat byproducts, except kidney; 12, 2012 (77 FR 56202) (FRL–9359–1),
27, 2011 (76 FR 44907) (FRL–8879–8), egg; goat, fat; goat, kidney; goat, meat; EPA published a cancellation order in
EPA published a list of cancellation goat, meat byproducts, except kidney; follow-up to the June 13, 2012 notice
orders issued for non-payment of the hog, fat; hog, kidney; hog, meat; hog, and granted the requested product
annual maintenance fee to keep meat byproducts, except kidney; horse, cancellations for thiazopyr. EPA
pesticide registrations in effect. That list fat; horse, kidney; horse, meat; horse, permitted the registrant to sell and
included cancellation orders for the last meat byproducts, except kidney; milk; distribute existing stocks of those
active registrations for Pseudozyma poultry, fat; poultry, liver; poultry, thiazopyr products until September 12,
flocculosa strain PF-A22 UL. There have meat; poultry, meat byproducts, except 2013 and persons other than the
been no active registrations for over 3 liver; sheep, fat; sheep, kidney; sheep, registrant to sell, distribute, and use
years, and therefore the tolerance meat; and sheep, meat byproducts, existing stocks until supplies are
exemption for them is no longer needed except kidney; each with an expiration/ exhausted. EPA believes that existing
and should be revoked. Consequently, revocation date of December 31, 2018. stocks are now exhausted. Therefore,
EPA is proposing to revoke the tolerance In addition, EPA is proposing to EPA is proposing to revoke the
exemption when used in or on all food revoke the tolerance in 40 CFR tolerances for thiazopyr in 40 CFR
commodities for Pseudozyma flocculosa 180.573(c) on canola, seed with an 180.496 on grapefruit and orange, sweet.
strain PF-A22 UL in 40 CFR 180.1221. expiration/revocation date of December 29. Tralkoxydim. In the Federal
25. Pythium oligandrum DV 74. EPA 31, 2018. Register notices of June 12, 2013 (78 FR
is proposing in 40 CFR 180.1275 to 27. Thiacloprid. In the Federal 35268) (FRL–9388–5) and August 21,
revise the section heading from Register notice of May 20, 2014 (79 FR 2013 (78 FR 51721) (FRL–9396–5), EPA
‘‘Pythium’’ to ‘‘Pythium oligandrum DV 28920) (FRL–9909–40), EPA announced announced its receipt of voluntary
74’’ and make minor grammatical, non- its receipt of voluntary requests by requests by registrants to cancel certain
substantive revisions to the introductory registrants to cancel certain product product registrations, including the last
text to read as set out in the proposed registrations, including the last tralkoxydim products registered for use
regulatory text at the end of this thiacloprid products registered for use in the United States. In the Federal
document. in the United States. In the Federal Register notices of September 20, 2013
26. Tepraloxydim. In the Federal Register notice of August 6, 2014 (79 FR (78 FR 57850) (FRL–9396–3) and
Register notice of May 20, 2014 (79 FR 45798) (FRL–9914–09), EPA published October 30, 2013 (78 FR 64938) (FRL–
28920) (FRL–9909–40), EPA announced cancellation orders in follow-up to the 9403–2), EPA published cancellation
its receipt of voluntary requests by May 20, 2014 notice, and granted the orders in follow-up to the June 12, 2013
registrants to cancel certain product requested product cancellations for and August 21, 2013 notices,
registrations, including the last thiacloprid. EPA permitted the respectively, and granted the requested
tepraloxydim products registered for use registrant to sell and distribute existing product cancellations for tralkoxydim.
in the United States. In the Federal stocks of one of the last thiacloprid EPA permitted the registrant to sell and
Register notice of August 6, 2014 (79 FR products until August 6, 2015 and the distribute existing stocks of those last
45798) (FRL–9914–09), EPA published other until February 8, 2016 (per the tralkoxydim products until November 1,
cancellation orders in follow-up to the registrant’s request). Persons other than 2014 and persons other than the
May 20, 2014 notice, and granted the the registrant were permitted to sell, registrant to sell, distribute, or use
requested product cancellations for distribute, or use existing stocks until existing stocks until supplies are
tepraloxydim. The registrant indicated supplies are exhausted. EPA believes exhausted. EPA believes that existing
to EPA that tepraloxydim products were that existing stocks are likely to be stocks are likely to be exhausted by
never marketed in the United States exhausted by February 8, 2017. November 1, 2015. However, as
since the time of first registration, and Therefore, EPA is proposing to revoke explained in Unit II.C., EPA is
therefore provisions for them to sell and the tolerances for thiacloprid in 40 CFR proposing that the actions herein
distribute existing stocks are not 180.594(a) on apple, wet pomace; cattle, become effective 6 months after the date
necessary. Persons other than the fat; cattle, kidney; cattle, liver; cattle, of publication of the final rule in the
registrant were permitted by EPA to sell, meat; cattle, meat byproducts; cherry Federal Register. Consequently, EPA
distribute, or use existing stocks until subgroup 12–12A; cotton, gin expects that the effective date of the
supplies are exhausted. The registrant byproducts; cotton, undelinted seed; final rule will occur after the existing
stated that the products will continue to fruit, pome, group 11; goat, fat; goat, stocks are exhausted; i.e., after
be used in Canada through 2017 and kidney; goat, liver; goat, meat; goat, November 1, 2015. Therefore, EPA is
requested that EPA maintain the meat byproducts; horse, fat; horse, proposing to revoke the tolerances for
existing tolerances through 2018 in kidney; horse, liver; horse, meat; horse, tralkoxydim in 40 CFR 180.548(a) on
order to avoid trade barriers of meat byproducts; milk; peach subgroup barley, grain; barley, hay; barley, straw;
tepraloxydim-treated commodities such 12–12B; pepper; plum subgroup 12– wheat, forage; wheat, grain; wheat, hay;
as canola and dried peas and beans. 12C; sheep, fat; sheep, kidney; sheep, and wheat, straw.
Consequently, EPA is proposing to liver; sheep, meat; sheep, meat 30. Tralomethrin. Because the
revoke the tolerances in 40 CFR byproducts; each with an expiration/ tolerances in 40 CFR 180.422 for
180.573(a)(1) on cotton, undelinted revocation date of February 8, 2017. tralomethrin residues of concern all
seed; cotton, gin byproducts; flax, seed; 28. Thiazopyr. In the Federal Register expired on July 9, 2013, EPA proposes
Lhorne on DSK7TPTVN1PROD with PROPOSALS

grain, aspirated fraction; pea and bean, notice of June 13, 2012 (77 FR 35379) to remove that section in its entirety.
dried shelled, except soybean, subgroup (FRL–9351–7), EPA announced its 31. Trichoderma harzianum strain
6C; soybean, seed; soybean, hulls; and receipt of voluntary requests by the T-39. In the Federal Register of August
sunflower subgroup 20B; each with an registrants to cancel certain product 3, 2005 (70 FR 44637) (FRL–7726–4),
expiration/revocation date of December registrations, including the last EPA published a list of cancellation
31, 2018. thiazopyr products registered for use on orders issued for non-payment of the
Also, EPA is proposing to revoke the specific food commodities (grapefruit annual maintenance fee to keep
tolerances in 40 CFR 180.573(a)(2) on and orange) in the United States. In the pesticide registrations in effect. That list

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43378 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules

included cancellation orders for the last concerned that retention of tolerances is not submitted, EPA may issue an
active registration for Trichoderma that are not necessary to cover residues order revoking the tolerance at issue.
harzianum strain T-39. There have been in or on legally treated foods may
C. When do these actions become
no active registrations for over 9 years, encourage misuse of pesticides within
effective?
and therefore the tolerance exemption the United States. Nonetheless, EPA
for them is no longer needed and should will establish and maintain tolerances EPA is proposing that the actions
be revoked. Consequently, EPA is even when corresponding domestic uses herein become effective 6 months after
proposing to revoke the tolerance are canceled if the tolerances, which the date of publication of the final rule
exemption on all food commodities for EPA refers to as ‘‘import tolerances,’’ are in the Federal Register. EPA is
Trichoderma harzianum strain T-39 in necessary to allow importation into the proposing this effective date for these
40 CFR 180.1201. United States of food containing such actions to allow a reasonable interval for
32. Zucchini yellow mosaic virus- pesticide residues. However, where producers in exporting members of the
weak strain. In the Federal Register of there are no imported commodities that World Trade Organization’s (WTO’s)
July 28, 2010 (75 FR 44240) (FRL–8835– require these import tolerances, the Sanitary and Phytosanitary (SPS)
2), EPA published a list of cancellation Agency believes it is appropriate to Measures Agreement to adapt to the
orders issued for non-payment of the revoke tolerances for unregistered requirements of a final rule. With the
annual maintenance fee to keep pesticides in order to prevent potential exception of the proposed revocation of
pesticide registrations in effect. That list misuse. tolerances with expiration dates for
included cancellation orders for the last Furthermore, as a general matter, the fenarimol, imazamethabenz-methyl,
active registration for Zucchini yellow Agency believes that retention of import tepraloxydim, and thiacloprid, the
mosaic virus-weak strain. There have tolerances not needed to cover any Agency believes that existing stocks of
been no active registrations for over 4 imported food may result in pesticide products labeled for the uses
years, and therefore the tolerance unnecessary restriction on trade of associated with the tolerances proposed
exemption for them is no longer needed pesticides and foods. Under FFDCA for revocation have been completely
and should be revoked. Consequently, section 408, a tolerance may only be exhausted and that treated commodities
EPA is proposing to revoke the tolerance established or maintained if EPA have cleared the channels of trade.
exemption when used in or on all raw determines that the tolerance is safe Where EPA is proposing revocation
cucurbits for Zucchini yellow mosaic based on a number of factors, including with expiration dates for fenarimol,
virus-weak strain in 40 CFR 180.1279. an assessment of the aggregate exposure imazamethabenz-methyl, tepraloxydim,
to the pesticide and an assessment of and thiacloprid, the Agency believes
B. What is the agency’s authority for
the cumulative effects of such pesticide that this revocation date allows users to
taking this action?
and other substances that have a exhaust stocks and allows sufficient
A ‘‘tolerance’’ represents the common mechanism of toxicity. In time for passage of treated commodities
maximum level for residues of pesticide doing so, EPA must consider potential through the channels of trade. If you
chemicals legally allowed in or on raw contributions to such exposure from all have comments regarding existing
agricultural commodities and processed tolerances. If the cumulative risk is such stocks and whether the effective date
foods. Section 408 of FFDCA, 21 U.S.C. that the tolerances in aggregate are not allows sufficient time for treated
346a, authorizes the establishment of safe, then every one of these tolerances commodities to clear the channels of
tolerances, exemptions from tolerance is potentially vulnerable to revocation. trade, please submit comments as
requirements, modifications in Furthermore, if unneeded tolerances are described under SUPPLEMENTARY
tolerances, and revocation of tolerances included in the aggregate and INFORMATION.
for residues of pesticide chemicals in or cumulative risk assessments, the Any commodities listed in this
on raw agricultural commodities and estimated exposure to the pesticide proposal treated with the pesticides
processed foods. Without a tolerance or would be inflated. Consequently, it may subject to this proposal, and in the
exemption, food containing pesticide be more difficult for others to obtain channels of trade following the
residues is considered to be unsafe and needed tolerances or to register needed tolerance revocations, shall be subject to
therefore ‘‘adulterated’’ under FFDCA new uses. To avoid potential trade FFDCA section 408(1)(5), as established
section 402(a), 21 U.S.C. 342(a). Such restrictions, the Agency is proposing to by FQPA. Under this unit, any residues
food may not be distributed in interstate revoke tolerances for residues on crops of these pesticides in or on such food
commerce, 21 U.S.C. 331(a). For a food- uses for which FIFRA registrations no shall not render the food adulterated so
use pesticide to be sold and distributed, longer exist, unless someone expresses long as it is shown to the satisfaction of
the pesticide must not only have a need for such tolerances. Through this the Food and Drug Administration that:
appropriate tolerances under the proposed rule, the Agency is inviting 1. The residue is present as the result
FFDCA, but also must be registered individuals who need these import of an application or use of the pesticide
under the Federal Insecticide, tolerances to identify themselves and at a time and in a manner that was
Fungicide, and Rodenticide Act the tolerances that are needed to cover lawful under FIFRA, and
(FIFRA), 7 U.S.C. 136 et seq. Food-use imported commodities. 2. The residue does not exceed the
pesticides not registered in the United Parties interested in retention of the level that was authorized at the time of
States must have tolerances in order for tolerances should be aware that the application or use to be present on
commodities treated with those additional data may be needed to the food under a tolerance or exemption
pesticides to be imported into the support retention. These parties should from tolerance. Evidence to show that
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United States. be aware that, under FFDCA section food was lawfully treated may include
EPA’s general practice is to propose 408(f), if the Agency determines that records that verify the dates when the
revocation of tolerances for residues of additional information is reasonably pesticide was applied to such food.
pesticide active ingredients on crops for required to support the continuation of
which FIFRA registrations no longer a tolerance, EPA may require that III. International Residue Limits
exist and on which the pesticide may parties interested in maintaining the In making its tolerance decisions, EPA
therefore no longer be used in the tolerances provide the necessary seeks to harmonize U.S. tolerances with
United States. EPA has historically been information. If the requisite information international standards whenever

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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 43379

possible, consistent with U.S. food including cattle, liver at 0.05 mg/kg, Populations’’ (59 FR 7629, February 16,
safety standards and agricultural cherries at 1 mg/kg, hops, dry at 5 mg/ 1994); or OMB review or any other
practices. EPA considers the kg, and pecan at 0.02 mg/kg. These Agency action under Executive Order
international maximum residue limits MRLs are the same as the tolerances 13045, entitled ‘‘Protection of Children
(MRLs) established by the Codex established for fenarimol in the United from Environmental Health Risks and
Alimentarius Commission (Codex), as States. Safety Risks’’ (62 FR 19885, April 23,
required by FFDCA section 408(b)(4). The Codex has established MRLs for 1997). This proposed rule does not
The Codex Alimentarius is a joint fenarimol, in or on various involve any technical standards that
United Nations Food and Agriculture commodities, including cattle kidney would require Agency consideration of
Organization/World Health and cattle meat at 0.02 mg/kg; and voluntary consensus standards pursuant
Organization food standards program, grapes at 0.3 mg/kg. These MRLs are to section 12(d) of the National
and it is recognized as an international different than the tolerances established Technology Transfer and Advancement
food safety standards-setting for fenarimol in the United States Act (NTTAA) (15 U.S.C. 272 note).
organization in trade agreements to because of differences in use patterns Pursuant to the Regulatory Flexibility
which the United States is a party. EPA and/or agricultural practices. Act (RFA) (5 U.S.C. 601 et seq.), the
may establish a tolerance that is The Codex has established MRLs for Agency previously assessed whether
different from a Codex MRL; however, thiacloprid in or on various
revocations of tolerances might
FFDCA section 408(b)(4) requires that commodities, including cotton seed at
significantly impact a substantial
EPA explain the reasons for departing 0.02 mg/kg, peppers, sweet at 1 mg/kg,
number of small entities and concluded
from the Codex level. and stone fruits at 0.5 mg/kg (for U.S.
that, as a general matter, these actions
The Codex has not established a MRL tolerances on cherry subgroup and
do not impose a significant economic
for etridiazole, imazamethabenz-methyl, peach subgroup). These MRLs are the
same as the tolerances established for impact on a substantial number of small
tepraloxydim, thiazopyr, and
thiacloprid in the United States. entities. This analysis was published in
tralkoxydim.
The Codex has established MRLs for The Codex has established MRLs for the Federal Register of December 17,
acephate, in or on various commodities, thiacloprid, in or on various 1997 (62 FR 66020) (FRL–5753–1), and
including beans, except broad bean and commodities, including milks at 0.05 was provided to the Chief Counsel for
soya bean at 5 milligrams/kilogram (mg/ mg/kg; pome fruits at 0.7 mg/kg, and Advocacy of the Small Business
kg). The beans, except broad bean and stone fruits at 0.5 mg/kg (for U.S. Administration. Taking into account
soya bean MRL is different than the tolerance on plum subgroup). These this analysis, and available information
tolerance established for alidicarb on MRLs are different than the tolerances concerning the pesticides listed in this
succulent bean in the United States established for thiacloprid in the United proposed rule, the Agency hereby
because of a difference in use pattern States because of differences in use certifies that this proposed rule will not
and/or agricultural practice. patterns and/or agricultural practices. have a significant negative economic
The Codex has established MRLs for impact on a substantial number of small
IV. Statutory and Executive Order entities. In a memorandum dated May
aldicarb, in or on various commodities,
Reviews 25, 2001, EPA determined that eight
including sorghum at 0.1 mg/kg, which
is covered by a current U.S. tolerance at In this proposed rule, EPA is conditions must all be satisfied in order
a higher level than the MRL, and proposing to revoke specific tolerances for an import tolerance or tolerance
sorghum straw and fodder, dry at 0.5 established under FFDCA section 408. exemption revocation to adversely affect
mg/kg, which is the same as the U.S. The Office of Management and Budget a significant number of small entity
tolerance. The sorghum MRL is different (OMB) has exempted this type of action importers, and that there is a negligible
than the tolerance established for (e.g., tolerance revocation for which joint probability of all eight conditions
alidicarb in the United States because of extraordinary circumstances do not holding simultaneously with respect to
a difference in use pattern and/or exist) from review under Executive any particular revocation. (This Agency
agricultural practice. Order 12866, entitled ‘‘Regulatory document is available in the docket of
The Codex has established MRLs for Planning and Review’’ (58 FR 51735, this proposed rule). Furthermore, for the
azinphos-methyl in or on various October 4, 1993). Because this proposed pesticides named in this proposed rule,
commodities, including almond hulls rule has been exempted from review the Agency knows of no extraordinary
and blueberries at 5 m/kilogram (mg/ under Executive Order 12866 due to its circumstances that exist as to the
kg), cherries, peach, and plums lack of significance, this proposed rule present proposed rule that would
(including prunes) at 2 mg/kg, and is not subject to Executive Order 13211, change EPA’s previous analysis. Any
walnuts at 0.3 mg/kg. These MRLs are entitled ‘‘Actions Concerning comments about the Agency’s
the same as the tolerances established Regulations That Significantly Affect determination should be submitted to
for azinphos-methyl in the United Energy Supply, Distribution, or Use’’ (66 the EPA along with comments on the
States. FR 28355, May 22, 2001). This proposed proposed rule, and will be addressed
The Codex has established MRLs for rule does not contain any information prior to issuing a final rule. In addition,
azinphos-methyl, in or on various collections subject to OMB approval the Agency has determined that this
commodities, including almonds and under the Paperwork Reduction Act proposed rule will not have a
apple at 0.05 mg/kg (which are covered (PRA) (44 U.S.C. 3501 et seq.), or substantial direct effect on States, on the
by current U.S. tolerances at a higher impose any enforceable duty or contain relationship between the national
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level than the MRLs), and pear at 2 mg/ any unfunded mandate as described government and the States, or on the
kg. These MRLs are different than the under Title II of the Unfunded Mandates distribution of power and
tolerances established for azinphos- Reform Act (UMRA) (2 U.S.C. 1501 et responsibilities among the various
methyl in the United States because of seq.). Nor does it require any special levels of government, as specified in
differences in use patterns and/or considerations as required by Executive Executive Order 13132, entitled
agricultural practices. Order 12898, entitled ‘‘Federal Actions ‘‘Federalism’’ (64 FR 43255, August 10,
The Codex has established MRLs for to Address Environmental Justice in 1999). Executive Order 13132 requires
fenarimol in or on various commodities, Minority Populations and Low-Income EPA to develop an accountable process

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43380 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules

to ensure ‘‘meaningful and timely input one or more Indian tribes, on the § 180.108 [Amended]
by State and local officials in the relationship between the Federal ■ 2. In § 180.108, remove the entries for
development of regulatory policies that Government and the Indian tribes, or on ‘‘Bean, succulent’’ from the tables in
have federalism implications.’’ ‘‘Policies the distribution of power and paragraphs (a)(1) and (3).
that have federalism implications’’ is responsibilities between the Federal
defined in the Executive order to §§ 180.121, 180.154, 180.232, 180.257, and
Government and Indian tribes.’’ This 180.263 [Removed]
include regulations that have proposed rule will not have substantial
‘‘substantial direct effects on the States, ■ 3. Remove §§ 180.121, 180.154,
direct effects on tribal governments, on
on the relationship between the national 180.232, 180.257, and 180.263.
the relationship between the Federal
government and the States, or on the Government and Indian tribes, or on the § 180.269 [Amended]
distribution of power and distribution of power and
responsibilities among the various ■ 4. In § 180.269, remove the entries for
responsibilities between the Federal ‘‘Sorghum, grain, bran,’’ ‘‘Sorghum,
levels of government.’’ This proposed
Government and Indian tribes, as grain, grain,’’ and ‘‘Sorghum, grain,
rule directly regulates growers, food
specified in Executive Order 13175. stover,’’ from the table in paragraph (a).
processors, food handlers, and food
Thus, Executive Order 13175 does not
retailers, not States. This proposed rule §§ 180.311 and 180.315 [Removed]
does not alter the relationships or apply to this proposed rule.
■ 5. Remove §§ 180.311 and 180.315.
distribution of power and List of Subjects in 40 CFR Part 180 ■ 6. In § 180.370, revise the table in
responsibilities established by Congress paragraph (a) to read as follows:
in the preemption provisions of FFDCA Environmental protection,
section 408(n)(4). For these same Administrative practice and procedure, § 180.370 5-Ethoxy-3-(trichloromethyl)-
reasons, the Agency has determined that Agricultural commodities, Pesticides 1,2,4-thiadiazole; tolerances for residues.
this proposed rule does not have any and pests, Reporting and recordkeeping (a) * * *
‘‘tribal implications’’ as described in requirements.
Executive Order 13175, entitled Dated: July 7, 2015. Commodity Parts per
‘‘Consultation and Coordination with million
Jack E. Housenger,
Indian Tribal Governments’’ (65 FR
Director, Office of Pesticide Programs. Cotton, gin byproducts ......... 0.1
67249, November 9, 2000). Executive Cotton, undelinted seed ....... 0.1
Order 13175, requires EPA to develop Tomato .................................. 0.15
an accountable process to ensure Therefore, it is proposed that 40 CFR
‘‘meaningful and timely input by tribal chapter I be amended as follows:
* * * * *
officials in the development of ■ 7. In § 180.421, revise the table in
PART 180—[AMENDED]
regulatory policies that have tribal paragraph (a) to read as follows:
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the ■ 1. The authority citation for part 180 § 180.421 Fenarimol; tolerances for
Executive order to include regulations continues to read as follows: residues.
that have ‘‘substantial direct effects on Authority: 21 U.S.C. 321(q), 346a and 371. (a) * * *

Expiration/
Parts per
Commodity revocation
million date

Apple ........................................................................................................................................................................ 0.3 7/31/16
Apple, wet pomace .................................................................................................................................................. 0.3 7/31/16
Banana1 ................................................................................................................................................................... 0.25 None
Cattle, fat ................................................................................................................................................................. 0.01 7/31/16
Cattle, kidney ........................................................................................................................................................... 0.01 7/31/16
Cattle, meat ............................................................................................................................................................. 0.01 7/31/16
Cattle, meat byproducts, except kidney .................................................................................................................. 0.05 7/31/16
Cherry, sweet ........................................................................................................................................................... 1.0 7/31/16
Cherry, tart ............................................................................................................................................................... 1.0 7/31/16
Goat, fat ................................................................................................................................................................... 0.01 7/31/16
Goat, kidney ............................................................................................................................................................. 0.01 7/31/16
Goat, meat ............................................................................................................................................................... 0.01 7/31/16
Goat, meat byproducts, except kidney .................................................................................................................... 0.05 7/31/16
Grape ....................................................................................................................................................................... 0.1 7/31/16
Hazelnut ................................................................................................................................................................... 0.02 7/31/16
Hop, dried cones ..................................................................................................................................................... 5.0 7/31/16
Horse, fat ................................................................................................................................................................. 0.01 7/31/16
Horse, kidney ........................................................................................................................................................... 0.01 7/31/16
Horse, meat ............................................................................................................................................................. 0.01 7/31/16
Horse, meat byproducts, except kidney .................................................................................................................. 0.05 7/31/16
Pear ......................................................................................................................................................................... 0.1 7/31/16
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Pecan ....................................................................................................................................................................... 0.02 7/31/16
Sheep, fat ................................................................................................................................................................ 0.01 7/31/16
Sheep, kidney .......................................................................................................................................................... 0.01 7/31/16
Sheep, meat ............................................................................................................................................................ 0.01 7/31/16
Sheep, meat byproducts, except kidney ................................................................................................................. 0.05 7/31/16
Vegetable, cucurbit, group 9 2 ................................................................................................................................. 0.20 None
1 There are no U.S. registrations for bananas as of April 26, 1995.
2 There are no U.S. registrations for cucurbit vegetable group 9 as of August 27, 2010.

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Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 43381

* * * * * imazamethabenz-methyl, including its methylbenzoate) or (methyl 2-[4,5-
metabolites and degradates, in or on the dihydro-4-methyl-4-(1-methylethyl)-5-
§ 180.422 [Removed]
commodities in the table in this oxo-1H-imidazol-2-yl]-5-
■ 8. Remove § 180.422. paragraph. Compliance with the methylbenzoate), as the sum of its para-
■ 9. Revise § 180.437 to read as follows:
tolerance levels specified in this and meta-isomers in or on the
§ 180.437 Imazamethabenz-methyl; paragraph is to be determined by commodity.
tolerances for residues. measuring only imazamethabenz-methyl
(a) General. Tolerances are (methyl 2-[4,5-dihydro-4-methyl-4-(1-
established for residues of the herbicide methylethyl)-5-oxo-1H-imidazol-2-yl]-4-

Expiration/
Parts per
Commodity revocation
million date

Barley, grain ............................................................................................................................................................. 0.10 12/31/16
Barley, straw ............................................................................................................................................................ 2.00 12/31/16
Sunflower, seed ....................................................................................................................................................... 0.10 12/31/16
Wheat, grain ............................................................................................................................................................ 0.10 12/31/16
Wheat, straw ............................................................................................................................................................ 2.00 12/31/16

(b) Section 18 emergency exemptions. §§ 180.496, 180.497, 180.530, and 180.548 ■ 11. In § 180.573, revise the table in
[Reserved] [Removed] paragraphs (a)(1), (a)(2), and (c) to read
(c) Tolerances with regional ■ 10. Remove §§ 180.496, 180.497, as follows:
registrations. [Reserved] 180.530, and 180.548. § 180.573 Tepraloxydim; tolerances for
(d) Indirect or inadvertent residues. residues.
[Reserved] (a) * * * (1) * * *

Expiration/
Parts per
Commodity revocation
million date

Cotton, undelinted seed ........................................................................................................................................... 0.2 12/31/18
Cotton, gin byproducts ............................................................................................................................................. 3.0 12/31/18
Flax, seed ................................................................................................................................................................ 0.10 12/31/18
Grain, aspirated fraction .......................................................................................................................................... 1200.0 12/31/18
Pea and bean, dried shelled, except soybean, subgroup 6C 1 ............................................................................... 0.10 12/31/18
Soybean, seed ......................................................................................................................................................... 6.0 12/31/18
Soybean, hulls ......................................................................................................................................................... 8.0 12/31/18
Sunflower subgroup 20B 1 ....................................................................................................................................... 0.20 12/31/18
1 There are no U.S. registrations for commodities in this subgroup.

(2) * * *

Expiration/
Parts per
Commodity revocation
million date

Cattle, fat ................................................................................................................................................................. 0.15 12/31/18
Cattle, kidney ........................................................................................................................................................... 0.50 12/31/18
Cattle, meat ............................................................................................................................................................. 0.20 12/31/18
Cattle, meat, byproducts, except kidney ................................................................................................................. 0.20 12/31/18
Egg ........................................................................................................................................................................... 0.20 12/31/18
Goat, fat ................................................................................................................................................................... 0.15 12/31/18
Goat, kidney ............................................................................................................................................................. 0.50 12/31/18
Goat, meat ............................................................................................................................................................... 0.20 12/31/18
Goat, meat, byproducts, except kidney ................................................................................................................... 0.20 12/31/18
Hog, fat .................................................................................................................................................................... 0.15 12/31/18
Hog, kidney .............................................................................................................................................................. 0.50 12/31/18
Hog, meat ................................................................................................................................................................ 0.20 12/31/18
Hog, meat, byproducts, except kidney .................................................................................................................... 0.20 12/31/18
Horse, fat ................................................................................................................................................................. 0.15 12/31/18
Horse, kidney ........................................................................................................................................................... 0.50 12/31/18
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Horse, meat ............................................................................................................................................................. 0.20 12/31/18
Horse, meat, byproducts, except kidney ................................................................................................................. 0.20 12/31/18
Milk ........................................................................................................................................................................... 0.10 12/31/18
Poultry, fat ................................................................................................................................................................ 0.30 12/31/18
Poultry, liver ............................................................................................................................................................. 1.00 12/31/18
Poultry, meat ............................................................................................................................................................ 0.20 12/31/18
Poultry, meat byproducts, except liver .................................................................................................................... 0.20 12/31/18
Sheep, fat ................................................................................................................................................................ 0.15 12/31/18

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Document Created: 2015-12-15 12:55:12
Document Modified: 2015-12-15 12:55:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before September 21, 2015.
Contact		Joseph Nevola, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation		80 FR 43373
RIN Number		2070-ZA16
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements