80_FR_72817 80 FR 72593 - Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et al.; Tolerance Actions

80 FR 72593 - Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et al.; Tolerance Actions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range72593-72599
FR Document2015-28491

EPA is revoking certain tolerances for the fungicides spiroxamine and triflumizole, the herbicides carfentrazone-ethyl and quizalofop ethyl; the insecticides amitraz, oxamyl, propetamphos, and spinosad; the plant growth regulators ethephon and mepiquat; and the tolerance on rice straw for multiple active ingredients. Also, EPA is modifying certain tolerances for the fungicides mancozeb, thiram, and triflumizole. In addition, EPA is establishing new tolerances for the fungicide mancozeb. Also, in accordance with current Agency practice, EPA is making minor revisions to the tolerance expressions for mepiquat and thiram. In addition, EPA is restoring the listings of tolerances on bulb onion and pear for methomyl residues to remedy inadvertent drafting errors and cover existing registrations. EPA is deferring a decision on the malathion tolerances at this time.

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Pages 72593-72599]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28491]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0194; FRL-9935-01]


Amitraz, Carfentrazone-ethyl, Ethephon, Malathion, Mancozeb, et 
al.; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the fungicides 
spiroxamine and triflumizole, the herbicides carfentrazone-ethyl and 
quizalofop ethyl; the insecticides amitraz, oxamyl, propetamphos, and 
spinosad; the plant growth regulators ethephon and mepiquat; and the 
tolerance on rice straw for multiple active ingredients. Also, EPA is 
modifying certain tolerances for the fungicides mancozeb, thiram, and 
triflumizole. In addition, EPA is establishing new tolerances for the 
fungicide mancozeb. Also, in accordance with current Agency practice, 
EPA is making minor revisions to the tolerance expressions for mepiquat 
and thiram. In addition, EPA is restoring the listings of tolerances on 
bulb onion and pear for methomyl residues to remedy inadvertent 
drafting errors and cover existing registrations. EPA is deferring a 
decision on the malathion tolerances at this time.

DATES: This regulation is effective May 18, 2016, except for the 
amendments to 40 CFR 180.253 (the restorations of the bulb onion and 
pear tolerances for methomyl), which are effective November 20, 2015. 
Objections and requests for hearings must be received on or before 
January 19, 2016, and must be filed in accordance with the instructions 
provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY 
INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2014-0194, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review

[[Page 72594]]

the visitor instructions and additional information about the docket 
available at http://www.epa.gov/dockets.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 
408(g), 21 U.S.C. 346a, any person may file an objection to any aspect 
of this regulation and may also request a hearing on those objections. 
You must file your objection or request a hearing on this regulation in 
accordance with the instructions provided in 40 CFR part 178. To ensure 
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2014-0194 in the subject line on the first page of your submission. All 
objections and requests for a hearing must be in writing, and must be 
received by the Hearing Clerk on or before January 19, 2016. Addresses 
for mail and hand delivery of objections and hearing requests are 
provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2014-0194, 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 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.

II. Background

A. What action is the agency taking?

    In the Federal Register of July 11, 2014 (79 FR 40043) (FRL-9910-
45), EPA issued a proposed rule, in follow-up to canceled uses, to 
revoke specific tolerances for amitraz, carfentrazone-ethyl, ethephon, 
mepiquat, oxamyl, propetamphos, quizalofop ethyl, spinosad, 
spiroxamine, and triflumizole. Also, because rice straw is no longer 
considered by the Agency to be a significant feed item, EPA proposed to 
revoke the tolerance on rice straw for multiple active ingredients. In 
follow-up to reregistration, EPA proposed to modify tolerances for 
malathion and mancozeb, and also establish tolerances for mancozeb, and 
post-reregistration follow-up to modify specific tolerances for thiram 
and triflumizole. In addition, the Agency proposed minor revisions to 
the tolerance expressions for malathion, mepiquat, and thiram. The 
proposal provided a 60-day comment period.
    Since the proposed rule, in the Federal Register of March 27, 2015 
(80 FR 16302) (FRL-9924-86), the Agency published a final rule that 
removed the expiration/revocation date for the thiram tolerance in 40 
CFR 180.132 on banana at 0.80 parts per million (ppm) for thiram 
residues. Also, in the Federal Register of June 19, 2015 (80 FR 35249) 
(FRL-9928-82), the Agency published a final rule that established a 
thiram tolerance in 40 CFR 180.132 on avocado at 15 ppm for thiram 
residues.
    EPA is finalizing specific mancozeb tolerance actions in order to 
implement the tolerance recommendations made during the reregistration 
and tolerance reassessment processes (including follow-up on canceled 
or additional uses of pesticides). As part of these processes, EPA is 
required to determine whether each of the amended tolerances meets the 
safety standard of FFDCA. The safety finding determination of 
``reasonable certainty of no harm'' is discussed in detail in each 
Reregistration Eligibility Decision (RED) and Report on FQPA Tolerance 
Reassessment Progress and Interim Risk Management Decision (TRED) for 
the active ingredient. REDs and TREDs recommend the implementation of 
certain tolerance actions, including modifications, to reflect current 
use patterns, to meet safety findings and change commodity names and 
groupings in accordance with new EPA policy. Printed copies of many 
REDs and TREDs may be obtained from EPA's National Service Center for 
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-2419; telephone number: (800) 490-9198; fax number: (513) 489-
8695; Internet at http://www.epa.gov/ncepihom and from the National 
Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, 
VA 22161; telephone number: (800) 553-6847 or (703) 605-6000; Internet 
at http://www.ntis.gov. Electronic copies of REDs and TREDs are 
available on the Internet at http://www.regulations.gov and http://www.epa.gov/pesticides/reregistration/status.htm.
    In this final rule, EPA is revoking certain tolerances and/or 
tolerance exemptions because either they are no longer needed or are 
associated with food uses that are no longer registered under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the 
United States. 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 active ingredient. The tolerances 
revoked by this final rule are no longer necessary to cover residues of 
the relevant pesticides in or on domestically treated commodities or 
commodities treated outside but imported into the United States. It is 
EPA's general practice to issue a final rule revoking those tolerances 
and tolerance exemptions for residues of

[[Page 72595]]

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 or tolerance exemption to 
cover residues in or on imported commodities or legally treated 
domestic commodities.
    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.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of the following 
conditions applies:
    1. Prior to EPA's issuance of a FFDCA section 408(f) order 
requesting additional data or issuance of a FFDCA section 408(d) or (e) 
order revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer 
needed.
    3. The tolerance is not supported by data that demonstrate that the 
tolerance meets the requirements under the Food Quality Protection Act 
(FQPA).
    This final rule does not revoke those tolerances for which EPA 
received comments stating a need for the tolerance to be retained. 
Among the comments received by EPA, are the following:
    1. General--i. Comment by private citizen. An anonymous comment was 
received which expressed concerns about the toxicity of pesticides in 
general.
    Agency response. The commenter did not take issue with the Agency's 
specific conclusions to revoke, modify, establish tolerances, or revise 
tolerance expressions. Also, the commenter did not refer to any 
specific studies which pertain to those conclusions. The Agency has not 
changed its previous determination that the tolerances in question are 
safe and is therefore not making any changes in response to these 
comments.
    2. Specific chemical comments--i. Oxamyl-Comment by DuPont Crop 
Protection. The commenter requested that the soybean seed tolerance for 
oxamyl be retained for possible future actions. DuPont noted that since 
the soybean use was deleted from oxamyl labels in 2006 via EPA's 
approval of its request for voluntary cancellation, growers have 
experienced an increasing need for management of soybean cyst nematode.
    Agency response. The use of oxamyl on soybean was officially 
canceled under section 6(f)(1) of FIFRA, 7 U.S.C. 136d(f)(1), under 
which a registrant of a pesticide product may request that the product 
registration be canceled or amended to terminate one or more uses. 
Because EPA canceled the soybean use in response to DuPont's request, 
and no other oxamyl products include a use on soybeans, there is 
currently no legal use of oxamyl on soybeans. EPA will not retain the 
tolerance based on the possibility that someone may apply for a new use 
on soybean in the future. Tolerances are generally maintained for 
current uses. Therefore, EPA is revoking the tolerance for oxamyl in 40 
CFR 180.303(a) on soybean, seed.
    EPA is considering the public comments received on malathion in 
response to the proposed rule of July 11, 2014 and is thus deferring a 
decision on the malathion tolerances at this time. The Agency will 
respond to the comments in a future notice to be published in the 
Federal Register.
    With the exception of malathion and oxamyl, the Agency did not 
receive any specific comments in the docket, during the 60-day comment 
period, concerning proposed tolerance actions associated with pesticide 
active ingredients, as described in the Federal Register of July 11, 
2014. Therefore, the exceptions of malathion, EPA is finalizing 
amendments in the proposed rule of July 11, 2014. Also, EPA is 
maintaining both the establishment of the thiram tolerance on avocado 
(now in newly codified 40 CFR 180.132(a)(1) for thiram residues), and 
the removal of the expiration/revocation date on the thiram tolerance 
on banana (now in newly codified 40 CFR.180.132(a)(2) for carbon 
disulfide residues). In addition, EPA is finalizing the amendments in 
the proposed rule of July 11, 2014 for thiram tolerances on apple, 
banana, peach, and strawberry (now in newly codified 40 CFR 
180.132(a)(2) for carbon disulfide residues). For a detailed discussion 
of the Agency's rationale for the finalized tolerance actions, refer to 
the proposed rule of July 11, 2014.
    In this final rule EPA is also making corrections to two unrelated 
provisions. In the Federal Register of May 9, 2012 (77 FR 27164) (FRL-
9345-2), EPA issued a proposed rule covering multiple pesticide active 
ingredients, including methomyl. In that rule, in order to conform to 
current Agency practice, EPA proposed to revise the tolerance commodity 
terminology, in 40 CFR 180.253 for methomyl, for vegetable, root (an 
outdated term) at 0.2(N) ppm to vegetable, root and tuber, group 1 at 
0.2 ppm. Also, EPA proposed to make minor revisions to the tolerance 
expressions for methomyl in 40 CFR 180.253(a) and (c). In follow-up, 
EPA promulgated a final rule in the Federal Register of September 26, 
2012 (77 FR 59120) (FRL-9358-8) with an effective date of March 25, 
2013. However, the outdated tolerance term ``vegetable, root'' had 
covered the use on bulb onions. Therefore, the terminology revision by 
EPA inadvertently removed a tolerance which covered methomyl residues 
in or on bulb onions. Also, while EPA revised the methomyl tolerance 
expressions in 180.253(a) and (c), EPA inadvertently removed the table 
under paragraph (c), which contained an entry for a regional tolerance 
on pear at 4 ppm. Yet, active registrations for use of methomyl on bulb 
onions and pears existed at that time and now. Consequently, in this 
final rule, EPA is restoring coverage for methomyl residues on the bulb 
onion commodity as an individual tolerance in 40 CFR 180.253(a) for 
onion, dry bulb at 0.2 ppm and in 40 CFR 180.253(c) on pear at 4 ppm.
    EPA is issuing these tolerance actions for methomyl in this final 
rule for this purpose without notice and opportunity to comment. 
Section 553(b)(3)(B) of the Administrative Procedure Act provides that 
notice and comment is not necessary ``when the agency for good cause 
finds (and incorporates the finding and a brief statement of reasons 
therefore in the rules issued) that notice and public procedure thereon 
are impracticable, unnecessary, or contrary to the public interest.'' 
EPA finds good cause here because restoring the listings of tolerance 
coverages on bulb onion and pear for methomyl residues merely corrects 
two inadvertent drafting errors. As such, notice and comment is 
unnecessary.

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

    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). In this final rule, EPA is 
establishing, modifying, and revoking tolerances to implement the 
tolerance recommendations made in the RED for mancozeb during the 
reregistration and tolerance reassessment processes, and as follow-up 
on canceled uses of pesticides.

C. When do these actions become effective?

    As stated in the DATES section, this regulation is effective May 
18, 2016, except for the restorations of the bulb onion and pear 
tolerances for methomyl, which are effective November 20, 2015. With 
the exception of methomyl, for which EPA is restoring tolerances

[[Page 72596]]

inadvertently removed, EPA is delaying the effective date of these 
finalized actions to allow a reasonable interval for producers in 
exporting members of the World Trade Organization's Sanitary and 
Phytosanitary Measures Agreement to adapt to the requirements of a 
final rule. EPA believes that existing stocks of the canceled or 
amended pesticide products labeled for the uses associated with the 
revoked tolerances have been completely exhausted and that treated 
commodities have had sufficient time for passage through the channels 
of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are 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.
    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 that 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 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 carfentrazone-ethyl, 
mepiquat, propetamphos, quizalofop ethyl, spiroxamine, triflumizole, 
ethephon in or on cucumber, oxamyl in or on soybean seed, spinosad in 
or on coriander leaves, or total dithiocarbamates in or on barley bran, 
barley flour, field corn grain, oat flour, oat grain, rye bran, rye 
grain, wheat bran, wheat flour, and wheat, shorts.
    The Codex has established MRLs for total dithiocarbamates 
determined as carbon disulfide in or on various commodities, including 
barley and wheat, each at 1 milligrams/kilogram (mg/kg). These MRLs are 
the same as the tolerances finalized for mancozeb in the United States.
    The Codex has established MRLs for total dithiocarbamates 
determined as carbon disulfide in or on various commodities, including 
papaya at 5 mg/kg. This MRL will be covered by a finalized U.S. 
tolerance at a higher level than the MRL. The MRL is different than the 
finalized U.S. tolerance for mancozeb in the United States because of 
differences in residue definition, use patterns, and/or good 
agricultural practices.
    The Codex has established a MRL for amitraz in or on various 
commodities, including cotton seed at 0.5 mg/kg. This MRL is covered by 
the current U.S. tolerance at a higher level than the MRL, but would no 
longer be covered due to the revocation of the U.S. tolerance.
    The Codex has established MRLs for total dithiocarbamates 
determined as carbon disulfide in or on various commodities, including 
banana at 2 mg/kg, peach at 7 mg/kg, and strawberry at 5 mg/kg. The 
MRLs for banana and peach are the same as the U.S. tolerances proposed 
for thiram in the United States. The MRL for strawberry will be covered 
by a finalized U.S. tolerance at a higher level than the MRL. The MRL 
for strawberry is different than the tolerance finalized for thiram in 
the United States because of differences in use patterns, and/or good 
agricultural practices.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section 
408(e), and also modifies and revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted these types of actions (i.e., establishment and modification 
of a tolerance and tolerance revocation for which extraordinary 
circumstances do not exist) from review under Executive Order 12866, 
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 
1993). Because this rule has been exempted from review under Executive 
Order 12866 due to its lack of significance, this 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 final 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 of 1995 (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 action 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 of 1995 (NTTAA) (15 U.S.C. 272 note). Pursuant to the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously 
assessed whether establishment of tolerances, exemptions from 
tolerances, raising of tolerance levels, expansion of exemptions, or 
revocations might significantly impact a substantial number of small 
entities and concluded that, as a general matter, these actions do not 
impose a significant economic impact on a substantial number of small 
entities. These analyses for tolerance establishments and 
modifications, and for tolerance revocations were published in the 
Federal Register on May 4, 1981 (46 FR 24950) and on December 17, 1997 
(62 FR 66020) (FRL-5753-1), respectively, and were provided to the 
Chief Counsel for Advocacy of the Small Business Administration. Taking 
into account this analysis and available information concerning the 
pesticides listed in this rule, the Agency hereby certifies that this 
final rule will not have a significant 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

[[Page 72597]]

any particular revocation. (This Agency document is available in the 
docket of the proposed rule). Furthermore, for the pesticides named in 
this final rule, the Agency knows of no extraordinary circumstances 
that exist as to the present revocations that would change EPA's 
previous analysis. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled 
``Federalism'' (64 FR 43255, August 10, 1999). Executive Order 13132 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' This final rule directly regulates 
growers, food processors, food handlers, and food retailers, not 
States. This action 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 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 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 rule.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: October 20, 2015.
Jack E. Housenger,
Director, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is 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.


0
2. In Sec.  180.132, revise paragraph (a) to read as follows:


Sec.  180.132  Thiram; tolerances for residues.

    (a) General. (1) A tolerances for residues of the fungicide thiram 
(tetramethyl thiuram disulfide), including its metabolites and 
degradates, in or on the commodities in the table in this paragraph. 
Compliance with the tolerance level specified in this paragraph is to 
be determined by measuring only thiram.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Avocado \1\.............................................              15
------------------------------------------------------------------------
\1\ No U.S. registrations as of September 23, 2009.

    (2) Tolerances are established for residues of the fungicide 
thiram, tetramethyl thiuram disulfide, 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 those thiram residues convertible to 
and expressed in terms of the degradate carbon disulfide, in or on the 
commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Apple...................................................               5
Banana \1\..............................................             2.0
Peach...................................................             7.0
Strawberry..............................................              13
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of September 23, 2009.

* * * * *


Sec.  180.142  [Amended]

0
3. In Sec.  180.142, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.169  [Amended]

0
4. In Sec.  180.169, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).

0
5. In Sec.  180.176, revise the table in paragraph (a) to read as 
follows:


Sec.  180.176  Mancozeb; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond..................................................             0.1
Almond, hulls...........................................               4
Apple...................................................             0.6
Asparagus...............................................             0.1
Atemoya.................................................             3.0
Banana..................................................               2
Barley, bran............................................               2
Barley, flour...........................................             1.2
Barley, grain...........................................               1
Barley, hay.............................................              30
Barley, pearled barley..................................              20
Barley, straw...........................................              25
Beet, sugar, dried pulp.................................             3.0
Beet, sugar, roots......................................             1.2
Beet, sugar, tops.......................................              60
Broccoli................................................               7
Cabbage.................................................               9
Canistel................................................            15.0
Cattle, kidney..........................................             0.5
Cattle, liver...........................................             0.5
Cherimoya...............................................             3.0
Corn, field, forage.....................................              40
Corn, field, grain......................................            0.06
Corn, field, stover.....................................              15
Corn, pop, grain........................................             0.1
Corn, pop, stover.......................................              40
Corn, sweet, forage.....................................              70
Corn, sweet, kernel plus cob with husks removed.........             0.1
Corn, sweet, stover.....................................              40
Cotton, undelinted seed.................................             0.5
Crabapple...............................................             0.6
Cranberry...............................................               5
Custard apple...........................................             3.0
Fennel..................................................             2.5
Flax, seed..............................................            0.15
Ginseng.................................................             1.2
Goat, kidney............................................             0.5
Goat, liver.............................................             0.5
Grape...................................................             1.5
Hog, kidney.............................................             0.5
Hog, liver..............................................             0.5
Horse, kidney...........................................             0.5

[[Page 72598]]

 
Horse, liver............................................             0.5
Lettuce, head...........................................             3.5
Lettuce, leaf...........................................              18
Mango...................................................            15.0
Oat, flour..............................................             1.2
Oat, grain..............................................               1
Oat, groats/rolled oats.................................              20
Oat, hay................................................              30
Oat, straw..............................................              25
Onion, bulb.............................................             1.5
Papaya..................................................               9
Peanut..................................................             0.1
Peanut, hay.............................................              65
Pear....................................................             0.6
Pepper..................................................              12
Potato..................................................             0.2
Poultry, kidney.........................................             0.5
Poultry, liver..........................................             0.5
Quince..................................................             0.6
Rice, grain.............................................            0.06
Rye, bran...............................................               2
Rye, flour..............................................             1.2
Rye, grain..............................................               1
Rye, straw..............................................              25
Sapodilla...............................................            15.0
Sapote, mamey...........................................            15.0
Sapote, white...........................................            15.0
Sheep, kidney...........................................             0.5
Sheep, liver............................................             0.5
Sorghum, grain, forage..................................            0.15
Sorghum, grain, grain...................................            0.25
Sorghum, grain, stover..................................            0.15
Star apple..............................................            15.0
Sugar apple.............................................             3.0
Tangerine \1\...........................................              10
Tomato..................................................             2.5
Vegetable, cucurbit, group 9............................             2.0
Walnut..................................................            0.70
Wheat, bran.............................................               2
Wheat, flour............................................             1.2
Wheat, germ.............................................              20
Wheat, grain............................................               1
Wheat, hay..............................................              30
Wheat, middlings........................................              20
Wheat, shorts...........................................               2
Wheat, straw............................................              25
------------------------------------------------------------------------
\1\ There are no U.S. registrations for use of mancozeb on tangerine.

* * * * *


Sec.  180.205  [Amended]

0
6. In Sec.  180.205, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.253  [Amended]

0
7. In Sec.  180.253, add alphabetically an entry for ``Onion, dry 
bulb'' to the table in paragraph (a), and add a table to paragraph (c) 
to read as follows:


Sec.  180.253  Methomyl; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                           Parts per       Expiration/
               Commodity                    million      Revocation date
------------------------------------------------------------------------
 
                              * * * * * * *
Onion, dry bulb.......................             0.2            None.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Pear....................................................               4
------------------------------------------------------------------------

* * * * *


Sec.  180.274  [Amended]

0
8. In Sec.  180.274, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.287  [Amended]

0
9. In Sec.  180.287, remove the entry for ``Cotton, undelinted seed 
\1\'' and the footnote from the table in paragraph (a).


Sec.  180.288  [Amended]

0
10. In Sec.  180.288, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.293  [Amended]

0
11. In Sec.  180.293, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.300  [Amended]

0
12. In Sec.  180.300, remove the entry for ``Cucumber'' from the table 
in paragraph (a).


Sec.  180.301  [Amended]

0
13. In Sec.  180.301, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.303  [Amended]

0
14. In Sec.  180.303, remove the entry for ``Soybean, seed'' from the 
table in paragraph (a).


Sec.  180.355  [Amended]

0
15. In Sec.  180.355, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.361  [Amended]

0
16. In Sec.  180.361, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.377  [Amended]

0
17. In Sec.  180.377, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.383  [Amended]

0
18. In Sec.  180.383, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).

0
19. In Sec.  180.384, revise paragraph (a) to read as follows:


Sec.  180.384  Mepiquat (N,N-dimethylpiperidinium); tolerances for 
residues.

    (a) General. Tolerances are established for residues of the plant 
growth regulator mepiquat, 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 mepiquat, N,N-dimethylpiperidinium, in or on the 
commodity.

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, meat byproducts.................................             0.1
Cotton, gin byproducts..................................             6.0
Cotton, undelinted seed.................................             2.0
Goat, meat byproducts...................................             0.1
Grape...................................................             1.0
Grape, raisin...........................................             5.0
Hog, meat byproducts....................................             0.1
Horse, meat byproducts..................................             0.1
Sheep, meat byproducts..................................             0.1
------------------------------------------------------------------------

* * * * *


Sec.  180.399  [Amended]

0
20. In Sec.  180.399, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).

[[Page 72599]]

Sec.  180.401  [Amended]

0
21. In Sec.  180.401, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.417  [Amended]

0
22. In Sec.  180.417, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.418  [Amended]

0
23. In Sec.  180.418, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.425  [Amended]

0
24. In Sec.  180.425, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.434  [Amended]

0
25. In Sec.  180.434, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.438  [Amended]

0
26. In Sec.  180.438, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1) and from the table in paragraph (a)(2).


Sec.  180.439  [Amended]

0
27. In Sec.  180.439, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.441  [Amended]

0
28. In Sec.  180.441, remove the entry for ``Soybean, soapstock'' from 
the table in paragraph (a)(1).


Sec.  180.445  [Amended]

0
29. In Sec.  180.445, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.447  [Amended]

0
30. In Sec.  180.447, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.451  [Amended]

0
31. In Sec.  180.451, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.463  [Amended]

0
32. In Sec.  180.463, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.473  [Amended]

0
33. In Sec.  180.473, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).

0
34. In Sec.  180.476, revise the table in paragraph (a)(1) and revise 
the table in paragraph (a)(2) to read as follows:


Sec.  180.476  Triflumizole; tolerances for residues.

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

------------------------------------------------------------------------
                                                            Parts  per
                        Commodity                             million
------------------------------------------------------------------------
Berry, low growing, subgroup 13-07G, except cranberry...             2.0
Brassica, head and stem, subgroup 5A....................             8.0
Brassica, leafy greens, subgroup 5B.....................              40
Canistel................................................             2.5
Cherry, sweet...........................................             1.5
Cherry, tart............................................             1.5
Cilantro, leaves........................................              35
Fruit, pome, group 11-10................................            0.50
Fruit, small, vine climbing, except fuzzy kiwifruit,                 2.5
 subgroup 13-07F........................................
Hazelnut................................................            0.05
Hop, dried cones........................................              50
Leafy greens subgroup 4A, except spinach................              35
Mango...................................................             2.5
Papaya..................................................             2.5
Pineapple...............................................             4.0
Sapodilla...............................................             2.5
Sapote, black...........................................             2.5
Sapote, mamey...........................................             2.5
Star apple..............................................             2.5
Swiss chard.............................................              18
Tomato..................................................             1.5
Turnip, greens..........................................              40
Vegetable, cucurbit, group 9............................             0.5
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, fat.............................................            0.10
Cattle, meat byproducts.................................            0.20
Goat, fat...............................................            0.10
Goat, meat byproducts...................................            0.20
Horse, fat..............................................            0.10
Horse, meat byproducts..................................            0.20
Sheep, fat..............................................            0.10
Sheep, meat byproducts..................................            0.20
------------------------------------------------------------------------

* * * * *


Sec.  180.479  [Amended]

0
35. In Sec.  180.479, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.484  [Amended]

0
36. In Sec.  180.484, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.495  [Amended]

0
37. In Sec.  180.495, remove the entry for ``Coriander, leaves'' from 
the table in paragraph (a).


Sec.  180.507  [Amended]

0
38. In Sec.  180.507, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(1).


Sec.  180.515  [Amended]

0
39. In Sec.  180.515, remove the entries for ``Caneberry subgroup 
13A,'' ``Cotton, hulls,'' ``Cotton, meal,'' ``Cotton, refined oil'' and 
``Rice, straw'' from the table in paragraph (a).


Sec.  180.517  [Amended]

0
40. In Sec.  180.517, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.541  [Removed]

0
41. Remove Sec.  180.541.


Sec.  180.555  [Amended]

0
42. In Sec.  180.555, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.570  [Amended]

0
43. In Sec.  180.570, remove the entry for ``Rice, straw'' from the 
table in paragraph (a)(2).


Sec.  180.577  [Amended]

0
44. In Sec.  180.577, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.602  [Amended]

0
45. In Sec.  180.602, remove the entry for ``Hop, dried cones'' from 
the table in paragraph (a).


Sec.  180.605  [Amended]

0
46. In Sec.  180.605, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).


Sec.  180.625  [Amended]

0
47. In Sec.  180.625, remove the entry for ``Rice, straw'' from the 
table in paragraph (a).

[FR Doc. 2015-28491 Filed 11-19-15; 8:45 am]
BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations                                          72593

                                            1404; email address: TSCA-Hotline@                      Senate, the U.S. House of                               ENVIRONMENTAL PROTECTION
                                            epa.gov.                                                Representatives, and the Comptroller                    AGENCY
                                            SUPPLEMENTARY INFORMATION:                              General of the United States prior to
                                                                                                    publication of the rule in the Federal                  40 CFR Part 180
                                            I. Does this action apply to me?                        Register. This action is not a ‘‘major                  [EPA–HQ–OPP–2014–0194; FRL–9935–01]
                                               A list of potentially affected entities is           rule’’ as defined by 5 U.S.C. 804(2).
                                            provided in the Federal Register of                                                                             Amitraz, Carfentrazone-ethyl,
                                            October 2, 2015 (80 FR 59593) (FRL–                     List of Subjects
                                                                                                                                                            Ethephon, Malathion, Mancozeb, et al.;
                                            9933–30). If you have questions                         40 CFR Part 9                                           Tolerance Actions
                                            regarding the applicability of this action
                                            to a particular entity, consult the                       Environmental protection, Reporting                   AGENCY:  Environmental Protection
                                            technical person listed under FOR                       and recordkeeping requirements.                         Agency (EPA).
                                            FURTHER INFORMATION CONTACT.                                                                                    ACTION: Final rule.
                                                                                                    40 CFR Part 721
                                            II. What direct final SNURs are being                                                                           SUMMARY:   EPA is revoking certain
                                            withdrawn?                                                Environmental protection, Chemicals,                  tolerances for the fungicides
                                               In the Federal Register of October 2,                Hazardous substances, Reporting and                     spiroxamine and triflumizole, the
                                            2015, EPA issued direct final SNURs for                 recordkeeping requirements.                             herbicides carfentrazone-ethyl and
                                            the chemical substances that are                           Dated: November 12, 2015.                            quizalofop ethyl; the insecticides
                                            identified in this document. These                      Maria J. Doa,                                           amitraz, oxamyl, propetamphos, and
                                            direct final SNURs were issued under                    Director, Chemical Control Division, Office
                                                                                                                                                            spinosad; the plant growth regulators
                                            the procedures in 40 CFR part 721,                      of Pollution Prevention and Toxics.                     ethephon and mepiquat; and the
                                            subpart D. Because the Agency received                                                                          tolerance on rice straw for multiple
                                            notices of intent to submit adverse                       Therefore, 40 CFR chapter I is                        active ingredients. Also, EPA is
                                            comments, in accordance with                            amended as follows:                                     modifying certain tolerances for the
                                            § 721.160(c)(3)(ii), EPA is withdrawing                                                                         fungicides mancozeb, thiram, and
                                            the direct final SNURs issued for the                   PART 9—[AMENDED]                                        triflumizole. In addition, EPA is
                                            following chemical substances, which                                                                            establishing new tolerances for the
                                            were the subject of PMNs: Isocyanate                    ■ 1. The authority citation for part 9                  fungicide mancozeb. Also, in
                                            prepolymer (generic), (PMN No. P–15–                    continues to read as follows:                           accordance with current Agency
                                            221); methylene diisocyanate polymer                                                                            practice, EPA is making minor revisions
                                            with diols and triols (generic), (PMN                      Authority: 7 U.S.C. 135 et seq., 136–
                                                                                                                                                            to the tolerance expressions for
                                            No. P–15–247); and polymer of                           136y;15 U.S.C. 2001, 2003, 2005, 2006, 2601–
                                                                                                                                                            mepiquat and thiram. In addition, EPA
                                            isophorone diisocyanate and amine-                      2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
                                                                                                                                                            is restoring the listings of tolerances on
                                            terminated propoxylatedpolyol                           9701; 33 U.S.C. 1251 et seq., 1311, 1313d,
                                                                                                                                                            bulb onion and pear for methomyl
                                                                                                    1314, 1318, 1321, 1326, 1330, 1342, 1344,
                                            (generic), (PMN No. P–15–278). EPA                                                                              residues to remedy inadvertent drafting
                                                                                                    1345 (d) and (e), 1361; E.O. 11735, 38 FR
                                            intends to publish proposed SNURs for                                                                           errors and cover existing registrations.
                                                                                                    21243, 3 CFR, 1971–1975 Comp. p. 973; 42
                                            the chemical substances identified in                                                                           EPA is deferring a decision on the
                                                                                                    U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g–
                                            this document.                                                                                                  malathion tolerances at this time.
                                               For further information regarding                    1, 300g–2, 300j–2, 300j–3, 300j–4, 300j–9,
                                                                                                    1857 et seq., 6901–6992k, 7401–7671q, 7542,             DATES: This regulation is effective May
                                            EPA’s direct final rulemaking                                                                                   18, 2016, except for the amendments to
                                                                                                    9601–9657, 11023, 11048.
                                            procedures for issuing SNURs, see 40                                                                            40 CFR 180.253 (the restorations of the
                                            CFR part 721, subpart D, and the                        § 9.1     [Amended]                                     bulb onion and pear tolerances for
                                            Federal Register of July 27, 1989 (54 FR                                                                        methomyl), which are effective
                                            31314).                                                 ■  2. In the table in § 9.1, under the                  November 20, 2015. Objections and
                                                                                                    undesignated center heading                             requests for hearings must be received
                                            III. Statutory and Executive Order
                                            Reviews                                                 ‘‘Significant New Uses of Chemical                      on or before January 19, 2016, and must
                                                                                                    Substances,’’ remove §§ 721.10871,                      be filed in accordance with the
                                               This action withdraws regulatory                     721.10873, and 721.10874.
                                            requirements that have not gone into                                                                            instructions provided in 40 CFR part
                                            effect and which contain no new or                                                                              178 (see also Unit I.C. of the
                                                                                                    PART 721—[AMENDED]                                      SUPPLEMENTARY INFORMATION).
                                            amended requirements. As such, the
                                            Agency has determined that this action                                                                          ADDRESSES: The docket for this action,
                                                                                                    ■ 3. The authority citation for part 721
                                            will not have any adverse impacts,                                                                              identified by docket identification (ID)
                                                                                                    continues to read as follows:                           number EPA–HQ–OPP–2014–0194, is
                                            economic or otherwise. The statutory
                                            and Executive Order review                                Authority: 15 U.S.C. 2604, 2607, and                  available at http://www.regulations.gov
                                            requirements applicable to the direct                   2625(c).                                                or at the Office of Pesticide Programs
                                            final rule were discussed in the Federal                                                                        Regulatory Public Docket (OPP Docket)
                                                                                                    §§ 721.10871        [Removed]                           in the Environmental Protection Agency
                                            Register of October 2, 2015. Those
                                            review requirements do not apply to                     ■   4. Remove §§ 721.10871.                             Docket Center (EPA/DC), West William
                                            this action because it is a withdrawal                                                                          Jefferson Clinton Bldg., Rm. 3334, 1301
                                            and does not contain any new or                         §§ 721.10873 and 721.10874           [Removed]          Constitution Ave. NW., Washington, DC
                                            amended requirements.                                                                                           20460–0001. The Public Reading Room
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                    ■ 5. Remove §§ 721.10873 and                            is open from 8:30 a.m. to 4:30 p.m.,
                                            IV. Congressional Review Act (CRA)                      721.10874.                                              Monday through Friday, excluding legal
                                              Pursuant to the Congressional Review                  [FR Doc. 2015–29596 Filed 11–19–15; 8:45 am]            holidays. The telephone number for the
                                            Act (5 U.S.C. 801 et seq.), EPA will                    BILLING CODE 6560–50–P                                  Public Reading Room is (202) 566–1744,
                                            submit a report containing this rule and                                                                        and the telephone number for the OPP
                                            other required information to the U.S.                                                                          Docket is (703) 305–5805. Please review


                                       VerDate Sep<11>2014   17:28 Nov 19, 2015   Jkt 238001   PO 00000     Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\20NOR1.SGM   20NOR1


                                            72594            Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations

                                            the visitor instructions and additional                 as described in 40 CFR part 178, please               (FRL–9928–82), the Agency published a
                                            information about the docket available                  submit a copy of the filing (excluding                final rule that established a thiram
                                            at http://www.epa.gov/dockets.                          any Confidential Business Information                 tolerance in 40 CFR 180.132 on avocado
                                            FOR FURTHER INFORMATION CONTACT:                        (CBI)) for inclusion in the public docket.            at 15 ppm for thiram residues.
                                            Joseph Nevola, Pesticide Re-Evaluation                  Information not marked confidential                      EPA is finalizing specific mancozeb
                                            Division (7508P), Office of Pesticide                   pursuant to 40 CFR part 2 may be                      tolerance actions in order to implement
                                            Programs, Environmental Protection                      disclosed publicly by EPA without prior               the tolerance recommendations made
                                            Agency, 1200 Pennsylvania Ave. NW.,                     notice. Submit the non-CBI copy of your               during the reregistration and tolerance
                                            Washington, DC 20460–0001; telephone                    objection or hearing request, identified              reassessment processes (including
                                            number: (703) 308–8037; email address:                  by docket ID number EPA–HQ–OPP–                       follow-up on canceled or additional
                                            nevola.joseph@epa.gov.                                  2014–0194, by one of the following                    uses of pesticides). As part of these
                                                                                                    methods:                                              processes, EPA is required to determine
                                            SUPPLEMENTARY INFORMATION:
                                                                                                      • Federal eRulemaking Portal: http://               whether each of the amended tolerances
                                            I. General Information                                  www.regulations.gov. Follow the online                meets the safety standard of FFDCA.
                                                                                                    instructions for submitting comments.                 The safety finding determination of
                                            A. Does this action apply to me?
                                                                                                    Do not submit electronically any                      ‘‘reasonable certainty of no harm’’ is
                                               You may be potentially affected by                   information you consider to be CBI or                 discussed in detail in each
                                            this action if you are an agricultural                  other information whose disclosure is                 Reregistration Eligibility Decision (RED)
                                            producer, food manufacturer, or                         restricted by statute.                                and Report on FQPA Tolerance
                                            pesticide manufacturer. The following                     • Mail: OPP Docket, Environmental                   Reassessment Progress and Interim Risk
                                            list of North American Industrial                       Protection Agency Docket Center (EPA/                 Management Decision (TRED) for the
                                            Classification System (NAICS) codes is                  DC), (28221T), 1200 Pennsylvania Ave.                 active ingredient. REDs and TREDs
                                            not intended to be exhaustive, but rather               NW., Washington, DC 20460–0001.                       recommend the implementation of
                                            provides a guide to help readers                          • Hand Delivery: To make special                    certain tolerance actions, including
                                            determine whether this document                         arrangements for hand delivery or                     modifications, to reflect current use
                                            applies to them. Potentially affected                   delivery of boxed information, please                 patterns, to meet safety findings and
                                            entities may include:                                   follow the instructions at http://                    change commodity names and
                                               • Crop production (NAICS code 111).                  www.epa.gov/dockets/contacts.html.                    groupings in accordance with new EPA
                                               • Animal production (NAICS code                        Additional instructions on                          policy. Printed copies of many REDs
                                            112).                                                   commenting or visiting the docket,                    and TREDs may be obtained from EPA’s
                                               • Food manufacturing (NAICS code                     along with more information about                     National Service Center for
                                            311).                                                   dockets generally, is available at http://            Environmental Publications (EPA/
                                               • Pesticide manufacturing (NAICS                     www.epa.gov/dockets.                                  NSCEP), P.O. Box 42419, Cincinnati,
                                            code 32532).                                                                                                  OH 45242–2419; telephone number:
                                                                                                    II. Background                                        (800) 490–9198; fax number: (513) 489–
                                            B. How can I get electronic access to
                                            other related information?                              A. What action is the agency taking?                  8695; Internet at http://www.epa.gov/
                                                                                                                                                          ncepihom and from the National
                                              You may access a frequently updated                     In the Federal Register of July 11,                 Technical Information Service (NTIS),
                                            electronic version of 40 CFR part 180                   2014 (79 FR 40043) (FRL–9910–45),                     5285 Port Royal Rd., Springfield, VA
                                            through the Government Printing                         EPA issued a proposed rule, in follow-                22161; telephone number: (800) 553–
                                            Office’s e-CFR site at http://                          up to canceled uses, to revoke specific               6847 or (703) 605–6000; Internet at
                                            www.ecfr.gov/cgi-bin/text-                              tolerances for amitraz, carfentrazone-                http://www.ntis.gov. Electronic copies of
                                            idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                    ethyl, ethephon, mepiquat, oxamyl,                    REDs and TREDs are available on the
                                            40tab_02.tpl.                                           propetamphos, quizalofop ethyl,                       Internet at http://www.regulations.gov
                                                                                                    spinosad, spiroxamine, and triflumizole.              and http://www.epa.gov/pesticides/
                                            C. How can I file an objection or hearing               Also, because rice straw is no longer
                                            request?                                                                                                      reregistration/status.htm.
                                                                                                    considered by the Agency to be a                         In this final rule, EPA is revoking
                                              Under the Federal Food, Drug, and                     significant feed item, EPA proposed to                certain tolerances and/or tolerance
                                            Cosmetic Act (FFDCA) section 408(g),                    revoke the tolerance on rice straw for                exemptions because either they are no
                                            21 U.S.C. 346a, any person may file an                  multiple active ingredients. In follow-up             longer needed or are associated with
                                            objection to any aspect of this regulation              to reregistration, EPA proposed to                    food uses that are no longer registered
                                            and may also request a hearing on those                 modify tolerances for malathion and                   under the Federal Insecticide,
                                            objections. You must file your objection                mancozeb, and also establish tolerances               Fungicide, and Rodenticide Act (FIFRA)
                                            or request a hearing on this regulation                 for mancozeb, and post-reregistration                 in the United States. Those instances
                                            in accordance with the instructions                     follow-up to modify specific tolerances               where registrations were canceled were
                                            provided in 40 CFR part 178. To ensure                  for thiram and triflumizole. In addition,             because the registrant failed to pay the
                                            proper receipt by EPA, you must                         the Agency proposed minor revisions to                required maintenance fee and/or the
                                            identify docket ID number EPA–HQ–                       the tolerance expressions for malathion,              registrant voluntarily requested
                                            OPP–2014–0194 in the subject line on                    mepiquat, and thiram. The proposal                    cancellation of one or more registered
                                            the first page of your submission. All                  provided a 60-day comment period.                     uses of the pesticide active ingredient.
                                            objections and requests for a hearing                     Since the proposed rule, in the                     The tolerances revoked by this final rule
                                            must be in writing, and must be                         Federal Register of March 27, 2015 (80                are no longer necessary to cover
                                            received by the Hearing Clerk on or                     FR 16302) (FRL–9924–86), the Agency                   residues of the relevant pesticides in or
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                                            before January 19, 2016. Addresses for                  published a final rule that removed the               on domestically treated commodities or
                                            mail and hand delivery of objections                    expiration/revocation date for the                    commodities treated outside but
                                            and hearing requests are provided in 40                 thiram tolerance in 40 CFR 180.132 on                 imported into the United States. It is
                                            CFR 178.25(b).                                          banana at 0.80 parts per million (ppm)                EPA’s general practice to issue a final
                                              In addition to filing an objection or                 for thiram residues. Also, in the Federal             rule revoking those tolerances and
                                            hearing request with the Hearing Clerk                  Register of June 19, 2015 (80 FR 35249)               tolerance exemptions for residues of


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                                                             Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations                                        72595

                                            pesticide active ingredients on crop uses               under section 6(f)(1) of FIFRA, 7 U.S.C.              180.253(a) and (c). In follow-up, EPA
                                            for which there are no active                           136d(f)(1), under which a registrant of a             promulgated a final rule in the Federal
                                            registrations under FIFRA, unless any                   pesticide product may request that the                Register of September 26, 2012 (77 FR
                                            person in comments on the proposal                      product registration be canceled or                   59120) (FRL–9358–8) with an effective
                                            indicates a need for the tolerance or                   amended to terminate one or more uses.                date of March 25, 2013. However, the
                                            tolerance exemption to cover residues in                Because EPA canceled the soybean use                  outdated tolerance term ‘‘vegetable,
                                            or on imported commodities or legally                   in response to DuPont’s request, and no               root’’ had covered the use on bulb
                                            treated domestic commodities.                           other oxamyl products include a use on                onions. Therefore, the terminology
                                               EPA has historically been concerned                  soybeans, there is currently no legal use             revision by EPA inadvertently removed
                                            that retention of tolerances that are not               of oxamyl on soybeans. EPA will not                   a tolerance which covered methomyl
                                            necessary to cover residues in or on                    retain the tolerance based on the                     residues in or on bulb onions. Also,
                                            legally treated foods may encourage                     possibility that someone may apply for                while EPA revised the methomyl
                                            misuse of pesticides within the United                  a new use on soybean in the future.                   tolerance expressions in 180.253(a) and
                                            States.                                                 Tolerances are generally maintained for               (c), EPA inadvertently removed the table
                                               Generally, EPA will proceed with the                 current uses. Therefore, EPA is revoking              under paragraph (c), which contained
                                            revocation of these tolerances on the                   the tolerance for oxamyl in 40 CFR                    an entry for a regional tolerance on pear
                                            grounds discussed in Unit II.A. if one of               180.303(a) on soybean, seed.                          at 4 ppm. Yet, active registrations for
                                            the following conditions applies:                          EPA is considering the public                      use of methomyl on bulb onions and
                                               1. Prior to EPA’s issuance of a FFDCA                comments received on malathion in                     pears existed at that time and now.
                                            section 408(f) order requesting                         response to the proposed rule of July 11,             Consequently, in this final rule, EPA is
                                            additional data or issuance of a FFDCA                  2014 and is thus deferring a decision on              restoring coverage for methomyl
                                            section 408(d) or (e) order revoking the                the malathion tolerances at this time.                residues on the bulb onion commodity
                                            tolerances on other grounds,                            The Agency will respond to the                        as an individual tolerance in 40 CFR
                                            commenters retract the comment                          comments in a future notice to be                     180.253(a) for onion, dry bulb at 0.2
                                            identifying a need for the tolerance to be              published in the Federal Register.                    ppm and in 40 CFR 180.253(c) on pear
                                            retained.                                                  With the exception of malathion and                at 4 ppm.
                                               2. EPA independently verifies that the               oxamyl, the Agency did not receive any                   EPA is issuing these tolerance actions
                                            tolerance is no longer needed.                          specific comments in the docket, during               for methomyl in this final rule for this
                                               3. The tolerance is not supported by                 the 60-day comment period, concerning                 purpose without notice and opportunity
                                            data that demonstrate that the tolerance                proposed tolerance actions associated                 to comment. Section 553(b)(3)(B) of the
                                            meets the requirements under the Food                   with pesticide active ingredients, as                 Administrative Procedure Act provides
                                            Quality Protection Act (FQPA).                          described in the Federal Register of July             that notice and comment is not
                                               This final rule does not revoke those                11, 2014. Therefore, the exceptions of                necessary ‘‘when the agency for good
                                            tolerances for which EPA received                       malathion, EPA is finalizing                          cause finds (and incorporates the
                                            comments stating a need for the                         amendments in the proposed rule of                    finding and a brief statement of reasons
                                            tolerance to be retained. Among the                     July 11, 2014. Also, EPA is maintaining               therefore in the rules issued) that notice
                                            comments received by EPA, are the                       both the establishment of the thiram                  and public procedure thereon are
                                            following:                                              tolerance on avocado (now in newly                    impracticable, unnecessary, or contrary
                                               1. General—i. Comment by private                     codified 40 CFR 180.132(a)(1) for thiram              to the public interest.’’ EPA finds good
                                            citizen. An anonymous comment was                       residues), and the removal of the                     cause here because restoring the listings
                                            received which expressed concerns                       expiration/revocation date on the thiram              of tolerance coverages on bulb onion
                                            about the toxicity of pesticides in                     tolerance on banana (now in newly                     and pear for methomyl residues merely
                                            general.                                                codified 40 CFR.180.132(a)(2) for carbon              corrects two inadvertent drafting errors.
                                               Agency response. The commenter did                   disulfide residues). In addition, EPA is              As such, notice and comment is
                                            not take issue with the Agency’s specific               finalizing the amendments in the                      unnecessary.
                                            conclusions to revoke, modify, establish                proposed rule of July 11, 2014 for
                                            tolerances, or revise tolerance                         thiram tolerances on apple, banana,                   B. What is the agency’s authority for
                                            expressions. Also, the commenter did                    peach, and strawberry (now in newly                   taking this action?
                                            not refer to any specific studies which                 codified 40 CFR 180.132(a)(2) for carbon                EPA may issue a regulation
                                            pertain to those conclusions. The                       disulfide residues). For a detailed                   establishing, modifying, or revoking a
                                            Agency has not changed its previous                     discussion of the Agency’s rationale for              tolerance under FFDCA section 408(e).
                                            determination that the tolerances in                    the finalized tolerance actions, refer to             In this final rule, EPA is establishing,
                                            question are safe and is therefore not                  the proposed rule of July 11, 2014.                   modifying, and revoking tolerances to
                                            making any changes in response to these                    In this final rule EPA is also making              implement the tolerance
                                            comments.                                               corrections to two unrelated provisions.              recommendations made in the RED for
                                               2. Specific chemical comments—i.                     In the Federal Register of May 9, 2012                mancozeb during the reregistration and
                                            Oxamyl-Comment by DuPont Crop                           (77 FR 27164) (FRL–9345–2), EPA                       tolerance reassessment processes, and as
                                            Protection. The commenter requested                     issued a proposed rule covering                       follow-up on canceled uses of
                                            that the soybean seed tolerance for                     multiple pesticide active ingredients,                pesticides.
                                            oxamyl be retained for possible future                  including methomyl. In that rule, in
                                            actions. DuPont noted that since the                    order to conform to current Agency                    C. When do these actions become
                                            soybean use was deleted from oxamyl                     practice, EPA proposed to revise the                  effective?
                                            labels in 2006 via EPA’s approval of its                tolerance commodity terminology, in 40                   As stated in the DATES section, this
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                                            request for voluntary cancellation,                     CFR 180.253 for methomyl, for                         regulation is effective May 18, 2016,
                                            growers have experienced an increasing                  vegetable, root (an outdated term) at                 except for the restorations of the bulb
                                            need for management of soybean cyst                     0.2(N) ppm to vegetable, root and tuber,              onion and pear tolerances for methomyl,
                                            nematode.                                               group 1 at 0.2 ppm. Also, EPA proposed                which are effective November 20, 2015.
                                               Agency response. The use of oxamyl                   to make minor revisions to the tolerance              With the exception of methomyl, for
                                            on soybean was officially canceled                      expressions for methomyl in 40 CFR                    which EPA is restoring tolerances


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                                            72596            Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations

                                            inadvertently removed, EPA is delaying                  soybean seed, spinosad in or on                       Executive Order 13211, entitled
                                            the effective date of these finalized                   coriander leaves, or total                            ‘‘Actions Concerning Regulations That
                                            actions to allow a reasonable interval for              dithiocarbamates in or on barley bran,                Significantly Affect Energy Supply,
                                            producers in exporting members of the                   barley flour, field corn grain, oat flour,            Distribution, or Use’’ (66 FR 28355, May
                                            World Trade Organization’s Sanitary                     oat grain, rye bran, rye grain, wheat                 22, 2001). This final rule does not
                                            and Phytosanitary Measures Agreement                    bran, wheat flour, and wheat, shorts.                 contain any information collections
                                            to adapt to the requirements of a final                    The Codex has established MRLs for                 subject to OMB approval under the
                                            rule. EPA believes that existing stocks of              total dithiocarbamates determined as                  Paperwork Reduction Act (PRA) (44
                                            the canceled or amended pesticide                       carbon disulfide in or on various                     U.S.C. 3501 et seq.), or impose any
                                            products labeled for the uses associated                commodities, including barley and                     enforceable duty or contain any
                                            with the revoked tolerances have been                   wheat, each at 1 milligrams/kilogram                  unfunded mandate as described under
                                            completely exhausted and that treated                   (mg/kg). These MRLs are the same as the               Title II of the Unfunded Mandates
                                            commodities have had sufficient time                    tolerances finalized for mancozeb in the              Reform Act of 1995 (UMRA) (2 U.S.C.
                                            for passage through the channels of                     United States.                                        1501 et seq.). Nor does it require any
                                            trade.                                                     The Codex has established MRLs for                 special considerations as required by
                                               Any commodities listed in the                        total dithiocarbamates determined as                  Executive Order 12898, entitled
                                            regulatory text of this document that are               carbon disulfide in or on various
                                                                                                                                                          ‘‘Federal Actions to Address
                                            treated with the pesticides subject to                  commodities, including papaya at 5 mg/
                                                                                                                                                          Environmental Justice in Minority
                                            this final rule, and that are in the                    kg. This MRL will be covered by a
                                                                                                                                                          Populations and Low-Income
                                            channels of trade following the                         finalized U.S. tolerance at a higher level
                                                                                                                                                          Populations’’ (59 FR 7629, February 16,
                                            tolerance revocations, shall be subject to              than the MRL. The MRL is different
                                                                                                                                                          1994); or OMB review or any other
                                            FFDCA section 408(1)(5), as established                 than the finalized U.S. tolerance for
                                                                                                    mancozeb in the United States because                 Agency action under Executive Order
                                            by FQPA. Under this unit, any residues
                                                                                                    of differences in residue definition, use             13045, entitled ‘‘Protection of Children
                                            of these pesticides in or on such food
                                                                                                    patterns, and/or good agricultural                    from Environmental Health Risks and
                                            shall not render the food adulterated so
                                                                                                    practices.                                            Safety Risks’’ (62 FR 19885, April 23,
                                            long as it is shown to the satisfaction of
                                                                                                       The Codex has established a MRL for                1997). This action does not involve any
                                            the Food and Drug Administration that:
                                               1. The residue is present as the result              amitraz in or on various commodities,                 technical standards that would require
                                            of an application or use of the pesticide               including cotton seed at 0.5 mg/kg. This              Agency consideration of voluntary
                                            at a time and in a manner that was                      MRL is covered by the current U.S.                    consensus standards pursuant to section
                                            lawful under FIFRA.                                     tolerance at a higher level than the MRL,             12(d) of the National Technology
                                               2. The residue does not exceed the                   but would no longer be covered due to                 Transfer and Advancement Act of 1995
                                            level that was authorized at the time of                the revocation of the U.S. tolerance.                 (NTTAA) (15 U.S.C. 272 note). Pursuant
                                            the application or use to be present on                    The Codex has established MRLs for                 to the Regulatory Flexibility Act (RFA)
                                            the food under a tolerance or exemption                 total dithiocarbamates determined as                  (5 U.S.C. 601 et seq.), the Agency
                                            from tolerance. Evidence to show that                   carbon disulfide in or on various                     previously assessed whether
                                            food was lawfully treated may include                   commodities, including banana at 2 mg/                establishment of tolerances, exemptions
                                            records that verify the dates that the                  kg, peach at 7 mg/kg, and strawberry at               from tolerances, raising of tolerance
                                            pesticide was applied to such food.                     5 mg/kg. The MRLs for banana and                      levels, expansion of exemptions, or
                                                                                                    peach are the same as the U.S.                        revocations might significantly impact a
                                            III. International Residue Limits                       tolerances proposed for thiram in the                 substantial number of small entities and
                                               In making its tolerance decisions, EPA               United States. The MRL for strawberry                 concluded that, as a general matter,
                                            seeks to harmonize U.S. tolerances with                 will be covered by a finalized U.S.                   these actions do not impose a significant
                                            international standards whenever                        tolerance at a higher level than the MRL.             economic impact on a substantial
                                            possible, consistent with U.S. food                     The MRL for strawberry is different than              number of small entities. These analyses
                                            safety standards and agricultural                       the tolerance finalized for thiram in the             for tolerance establishments and
                                            practices. EPA considers the                            United States because of differences in               modifications, and for tolerance
                                            international maximum residue limits                    use patterns, and/or good agricultural                revocations were published in the
                                            (MRLs) established by the Codex                         practices.                                            Federal Register on May 4, 1981 (46 FR
                                            Alimentarius Commission (Codex), as                                                                           24950) and on December 17, 1997 (62
                                            required by FFDCA section 408(b)(4).                    IV. Statutory and Executive Order                     FR 66020) (FRL–5753–1), respectively,
                                            The Codex Alimentarius is a joint                       Reviews                                               and were provided to the Chief Counsel
                                            United Nations Food and Agriculture                       In this final rule, EPA establishes                 for Advocacy of the Small Business
                                            Organization/World Health                               tolerances under FFDCA section 408(e),                Administration. Taking into account
                                            Organization food standards program,                    and also modifies and revokes specific                this analysis and available information
                                            and it is recognized as an international                tolerances established under FFDCA                    concerning the pesticides listed in this
                                            food safety standards-setting                           section 408. The Office of Management                 rule, the Agency hereby certifies that
                                            organization in trade agreements to                     and Budget (OMB) has exempted these                   this final rule will not have a significant
                                            which the United States is a party. EPA                 types of actions (i.e., establishment and             economic impact on a substantial
                                            may establish a tolerance that is                       modification of a tolerance and                       number of small entities. In a
                                            different from a Codex MRL; however,                    tolerance revocation for which                        memorandum dated May 25, 2001, EPA
                                            FFDCA section 408(b)(4) requires that                   extraordinary circumstances do not                    determined that eight conditions must
                                            EPA explain the reasons for departing                   exist) from review under Executive                    all be satisfied in order for an import
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                                            from the Codex level.                                   Order 12866, entitled ‘‘Regulatory                    tolerance or tolerance exemption
                                               The Codex has not established a MRL                  Planning and Review’’ (58 FR 51735,                   revocation to adversely affect a
                                            for carfentrazone-ethyl, mepiquat,                      October 4, 1993). Because this rule has               significant number of small entity
                                            propetamphos, quizalofop ethyl,                         been exempted from review under                       importers, and that there is a negligible
                                            spiroxamine, triflumizole, ethephon in                  Executive Order 12866 due to its lack of              joint probability of all eight conditions
                                            or on cucumber, oxamyl in or on                         significance, this rule is not subject to             holding simultaneously with respect to


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                                                             Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations                                                              72597

                                            any particular revocation. (This Agency                 specified in Executive Order 13175.                                                                         Parts
                                                                                                                                                                              Commodity
                                            document is available in the docket of                  Thus, Executive Order 13175 does not                                                                      per million
                                            the proposed rule). Furthermore, for the                apply to this rule.
                                            pesticides named in this final rule, the                                                                            Apple .....................................               5
                                                                                                    V. Congressional Review Act                                 Banana 1 ...............................                2.0
                                            Agency knows of no extraordinary
                                                                                                                                                                Peach ....................................              7.0
                                            circumstances that exist as to the                        Pursuant to the Congressional Review                      Strawberry ............................                 13
                                            present revocations that would change                   Act (5 U.S.C. 801 et seq.), EPA will                          1 There are no U.S. registrations as of Sep-
                                            EPA’s previous analysis. In addition, the               submit a report containing this rule and
                                            Agency has determined that this action                                                                              tember 23, 2009.
                                                                                                    other required information to the U.S.
                                            will not have a substantial direct effect               Senate, the U.S. House of                                   *        *        *        *         *
                                            on States, on the relationship between                  Representatives, and the Comptroller
                                                                                                                                                                § 180.142        [Amended]
                                            the national government and the States,                 General of the United States prior to
                                            or on the distribution of power and                     publication of the rule in the Federal                      ■  3. In § 180.142, remove the entry for
                                            responsibilities among the various                      Register. This action is not a ‘‘major                      ‘‘Rice, straw’’ from the table in
                                            levels of government, as specified in                   rule’’ as defined by 5 U.S.C. 804(2).                       paragraph (a).
                                            Executive Order 13132, entitled
                                                                                                    List of Subjects in 40 CFR Part 180                         § 180.169        [Amended]
                                            ‘‘Federalism’’ (64 FR 43255, August 10,
                                            1999). Executive Order 13132 requires                     Environmental protection,                                 ■  4. In § 180.169, remove the entry for
                                            EPA to develop an accountable process                   Administrative practice and procedure,                      ‘‘Rice, straw’’ from the table in
                                            to ensure ‘‘meaningful and timely input                 Agricultural commodities, Pesticides                        paragraph (a)(1).
                                            by State and local officials in the                     and pests, Reporting and recordkeeping                      ■ 5. In § 180.176, revise the table in
                                            development of regulatory policies that                 requirements.                                               paragraph (a) to read as follows:
                                            have federalism implications.’’ ‘‘Policies
                                            that have federalism implications’’ is                    Dated: October 20, 2015.                                  § 180.176 Mancozeb; tolerances for
                                                                                                    Jack E. Housenger,                                          residues.
                                            defined in the Executive order to
                                            include regulations that have                           Director, Office of Pesticide Programs.                         (a) * * *
                                            ‘‘substantial direct effects on the States,               Therefore, 40 CFR chapter I is                                                                            Parts
                                            on the relationship between the national                amended as follows:                                                       Commodity                       per million
                                            government and the States, or on the
                                            distribution of power and                               PART 180—[AMENDED]                                          Almond ..................................              0.1
                                            responsibilities among the various                                                                                  Almond, hulls ........................                   4
                                            levels of government.’’ This final rule                 ■ 1. The authority citation for part 180                    Apple .....................................            0.6
                                            directly regulates growers, food                                                                                    Asparagus .............................                0.1
                                                                                                    continues to read as follows:
                                            processors, food handlers, and food                                                                                 Atemoya ................................               3.0
                                                                                                        Authority: 21 U.S.C. 321(q), 346a and 371.              Banana .................................                 2
                                            retailers, not States. This action does not
                                                                                                                                                                Barley, bran ..........................                  2
                                            alter the relationships or distribution of              ■ 2. In § 180.132, revise paragraph (a) to                  Barley, flour ..........................               1.2
                                            power and responsibilities established                  read as follows:                                            Barley, grain .........................                  1
                                            by Congress in the preemption                                                                                       Barley, hay ............................                30
                                            provisions of FFDCA section 408(n)(4).                  § 180.132       Thiram; tolerances for residues.            Barley, pearled barley ..........                       20
                                            For these same reasons, the Agency has                                                                              Barley, straw .........................                 25
                                                                                                       (a) General. (1) A tolerances for
                                            determined that this rule does not have                                                                             Beet, sugar, dried pulp .........                      3.0
                                                                                                    residues of the fungicide thiram                            Beet, sugar, roots .................                   1.2
                                            any ‘‘tribal implications’’ as described
                                                                                                    (tetramethyl thiuram disulfide),                            Beet, sugar, tops ..................                    60
                                            in Executive Order 13175, entitled
                                                                                                    including its metabolites and                               Broccoli .................................               7
                                            ‘‘Consultation and Coordination with
                                                                                                    degradates, in or on the commodities in                     Cabbage ...............................                  9
                                            Indian Tribal Governments’’ (65 FR
                                                                                                    the table in this paragraph. Compliance                     Canistel .................................            15.0
                                            67249, November 9, 2000). Executive                                                                                 Cattle, kidney ........................                0.5
                                                                                                    with the tolerance level specified in this
                                            Order 13175, requires EPA to develop                                                                                Cattle, liver ............................             0.5
                                                                                                    paragraph is to be determined by
                                            an accountable process to ensure                                                                                    Cherimoya ............................                 3.0
                                                                                                    measuring only thiram.
                                            ‘‘meaningful and timely input by tribal                                                                             Corn, field, forage .................                   40
                                            officials in the development of                                                                        Parts
                                                                                                                                                                Corn, field, grain ...................                0.06
                                            regulatory policies that have tribal                                Commodity                                       Corn, field, stover .................                   15
                                                                                                                                                 per million
                                            implications.’’ ‘‘Policies that have tribal                                                                         Corn, pop, grain ....................                  0.1
                                            implications’’ is defined in the                        Avocado 1 ..............................               15   Corn, pop, stover ..................                    40
                                                                                                                                                                Corn, sweet, forage ..............                      70
                                            Executive order to include regulations                      1 No   U.S. registrations as of September 23,           Corn, sweet, kernel plus cob
                                            that have ‘‘substantial direct effects on               2009.                                                         with husks removed ..........                        0.1
                                            one or more Indian tribes, on the                                                                                   Corn, sweet, stover ..............                      40
                                            relationship between the Federal                           (2) Tolerances are established for                       Cotton, undelinted seed .......                        0.5
                                            Government and the Indian tribes, or on                 residues of the fungicide thiram,                           Crabapple .............................                0.6
                                            the distribution of power and                           tetramethyl thiuram disulfide, including                    Cranberry ..............................                 5
                                            responsibilities between the Federal                    its metabolites and degradates, in or on                    Custard apple .......................                  3.0
                                            Government and Indian tribes.’’ This                    the commodities in the table in this                        Fennel ...................................             2.5
                                            rule will not have substantial direct                   paragraph. Compliance with the                              Flax, seed .............................              0.15
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                                                                                                                                                                Ginseng ................................               1.2
                                            effects on tribal governments, on the                   tolerance levels specified in this
                                                                                                                                                                Goat, kidney .........................                 0.5
                                            relationship between the Federal                        paragraph is to be determined by                            Goat, liver .............................              0.5
                                            Government and Indian tribes, or on the                 measuring only those thiram residues                        Grape ....................................             1.5
                                            distribution of power and                               convertible to and expressed in terms of                    Hog, kidney ...........................                0.5
                                            responsibilities between the Federal                    the degradate carbon disulfide, in or on                    Hog, liver ..............................              0.5
                                            Government and Indian tribes, as                        the commodity.                                              Horse, kidney ........................                 0.5



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                                            72598                  Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations

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

                                            Horse, liver ...........................                         0.5      Rye, grain .............................                           1       Wheat, shorts .......................                    2
                                            Lettuce, head ........................                           3.5      Rye, straw .............................                          25       Wheat, straw .........................                  25
                                            Lettuce, leaf ..........................                          18      Sapodilla ...............................                       15.0        1 There are no U.S. registrations for use of
                                            Mango ...................................                       15.0      Sapote, mamey ....................                              15.0
                                                                                                                                                                                                 mancozeb on tangerine.
                                            Oat, flour ...............................                       1.2      Sapote, white ........................                          15.0
                                            Oat, grain ..............................                          1      Sheep, kidney .......................                            0.5       *        *            *         *         *
                                            Oat, groats/rolled oats ..........                                20      Sheep, liver ...........................                         0.5
                                            Oat, hay ................................                         30      Sorghum, grain, forage .........                                0.15       § 180.205         [Amended]
                                            Oat, straw .............................                          25      Sorghum, grain, grain ...........                               0.25       ■  6. In § 180.205, remove the entry for
                                            Onion, bulb ...........................                          1.5      Sorghum, grain, stover .........                                0.15       ‘‘Rice, straw’’ from the table in
                                            Papaya ..................................                          9      Star apple .............................                        15.0       paragraph (a).
                                            Peanut ..................................                        0.1      Sugar apple ..........................                           3.0
                                            Peanut, hay ..........................                            65      Tangerine 1 ...........................                           10       § 180.253         [Amended]
                                            Pear ......................................                      0.6      Tomato ..................................                        2.5
                                            Pepper ..................................                         12      Vegetable, cucurbit, group 9                                     2.0       ■ 7. In § 180.253, add alphabetically an
                                            Potato ...................................                       0.2      Walnut ...................................                      0.70       entry for ‘‘Onion, dry bulb’’ to the table
                                            Poultry, kidney ......................                           0.5      Wheat, bran ..........................                             2       in paragraph (a), and add a table to
                                            Poultry, liver ..........................                        0.5      Wheat, flour ..........................                          1.2       paragraph (c) to read as follows:
                                            Quince ..................................                        0.6      Wheat, germ .........................                             20
                                            Rice, grain ............................                        0.06      Wheat, grain .........................                             1       § 180.253 Methomyl; tolerances for
                                            Rye, bran ..............................                           2      Wheat, hay ...........................                            30       residues.
                                            Rye, flour ..............................                        1.2      Wheat, middlings ..................                               20           (a) * * *

                                                                                                                                                                                                                                               Expiration/
                                                                                                                                                                                                                                 Parts
                                                                                                                       Commodity                                                                                                               Revocation
                                                                                                                                                                                                                               per million        date


                                                     *                            *                                 *                                 *                                *                                   *                     *
                                            Onion, dry bulb ........................................................................................................................................................                 0.2         None.

                                                          *                               *                               *                              *                               *                                 *                     *



                                            *       *    *              *         *                                   § 180.301         [Amended]                                                § 180.384 Mepiquat (N,N-
                                                (c) * * *                                                                                                                                        dimethylpiperidinium); tolerances for
                                                                                                                      ■  13. In § 180.301, remove the entry for                                  residues.
                                                                                                 Parts                ‘‘Rice, straw’’ from the table in
                                                         Commodity                                                    paragraph (a).                                                               (a) General. Tolerances are
                                                                                               per million
                                                                                                                                                                                                 established for residues of the plant
                                            Pear ......................................                         4     § 180.303         [Amended]                                                growth regulator mepiquat, including its
                                                                                                                                                                                                 metabolites and degradates, in or on the
                                                                                                                      ■  14. In § 180.303, remove the entry for                                  commodities in the table in this
                                            *        *         *        *         *
                                                                                                                      ‘‘Soybean, seed’’ from the table in                                        paragraph. Compliance with the
                                            § 180.274         [Amended]                                               paragraph (a).                                                             tolerance levels specified in this
                                            ■  8. In § 180.274, remove the entry for                                  § 180.355         [Amended]
                                                                                                                                                                                                 paragraph is to be determined by
                                            ‘‘Rice, straw’’ from the table in                                                                                                                    measuring only mepiquat, N,N-
                                            paragraph (a).                                                            ■  15. In § 180.355, remove the entry for                                  dimethylpiperidinium, in or on the
                                                                                                                      ‘‘Rice, straw’’ from the table in                                          commodity.
                                            § 180.287         [Amended]                                               paragraph (a)(1).
                                                                                                                                                                                                                                                 Parts
                                            ■  9. In § 180.287, remove the entry for                                                                                                                           Commodity
                                                                                                                      § 180.361         [Amended]                                                                                              per million
                                            ‘‘Cotton, undelinted seed 1’’ and the
                                            footnote from the table in paragraph (a).                                 ■  16. In § 180.361, remove the entry for                                  Cattle, meat byproducts .......                         0.1
                                                                                                                      ‘‘Rice, straw’’ from the table in                                          Cotton, gin byproducts .........                        6.0
                                            § 180.288         [Amended]
                                                                                                                      paragraph (a).                                                             Cotton, undelinted seed .......                         2.0
                                            ■  10. In § 180.288, remove the entry for                                                                                                            Goat, meat byproducts .........                         0.1
                                            ‘‘Rice, straw’’ from the table in                                         § 180.377         [Amended]                                                Grape ....................................              1.0
                                            paragraph (a).                                                                                                                                       Grape, raisin .........................                 5.0
                                                                                                                      ■  17. In § 180.377, remove the entry for
                                                                                                                                                                                                 Hog, meat byproducts ..........                         0.1
                                            § 180.293         [Amended]                                               ‘‘Rice, straw’’ from the table in
                                                                                                                                                                                                 Horse, meat byproducts .......                          0.1
                                                                                                                      paragraph (a)(2).                                                          Sheep, meat byproducts ......                           0.1
                                            ■  11. In § 180.293, remove the entry for
                                            ‘‘Rice, straw’’ from the table in                                         § 180.383         [Amended]
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                                            paragraph (a)(1).                                                                                                                                    *        *            *         *         *
                                                                                                                      ■  18. In § 180.383, remove the entry for
                                            § 180.300         [Amended]                                               ‘‘Rice, straw’’ from the table in                                          § 180.399         [Amended]
                                                                                                                      paragraph (a).
                                            ■  12. In § 180.300, remove the entry for                                                                                                            ■  20. In § 180.399, remove the entry for
                                            ‘‘Cucumber’’ from the table in paragraph                                  ■ 19. In § 180.384, revise paragraph (a)                                   ‘‘Rice, straw’’ from the table in
                                            (a).                                                                      to read as follows:                                                        paragraph (a)(1).


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                                                             Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations                                                      72599

                                            § 180.401   [Amended]                                   § 180.476 Triflumizole; tolerances for                         § 180.515   [Amended]
                                                                                                    residues.
                                            ■  21. In § 180.401, remove the entry for                                                                              ■ 39. In § 180.515, remove the entries
                                            ‘‘Rice, straw’’ from the table in                           (a) * * *                                                  for ‘‘Caneberry subgroup 13A,’’ ‘‘Cotton,
                                            paragraph (a).                                              (1) * * *                                                  hulls,’’ ‘‘Cotton, meal,’’ ‘‘Cotton, refined
                                                                                                                                                                   oil’’ and ‘‘Rice, straw’’ from the table in
                                            § 180.417   [Amended]                                                                                    Parts
                                                                                                                Commodity                          per million     paragraph (a).
                                            ■  22. In § 180.417, remove the entry for
                                            ‘‘Rice, straw’’ from the table in                                                                                      § 180.517   [Amended]
                                                                                                    Berry, low growing, subgroup
                                            paragraph (a)(1).                                         13–07G, except cranberry                               2.0   ■  40. In § 180.517, remove the entry for
                                                                                                    Brassica, head and stem,                                       ‘‘Rice, straw’’ from the table in
                                            § 180.418   [Amended]                                     subgroup 5A ......................                     8.0   paragraph (a).
                                            ■  23. In § 180.418, remove the entry for               Brassica, leafy greens, sub-
                                            ‘‘Rice, straw’’ from the table in                         group 5B ...........................                   40    § 180.541   [Removed]
                                                                                                    Canistel .................................              2.5
                                            paragraph (a)(2).                                                                                                      ■   41. Remove § 180.541.
                                                                                                    Cherry, sweet .......................                   1.5
                                            § 180.425   [Amended]                                   Cherry, tart ............................               1.5    § 180.555   [Amended]
                                                                                                    Cilantro, leaves .....................                   35
                                            ■  24. In § 180.425, remove the entry for               Fruit, pome, group 11–10 .....                         0.50    ■  42. In § 180.555, remove the entry for
                                            ‘‘Rice, straw’’ from the table in                       Fruit, small, vine climbing,                                   ‘‘Rice, straw’’ from the table in
                                            paragraph (a).                                            except fuzzy kiwifruit, sub-                                 paragraph (a).
                                                                                                      group 13–07F ....................                     2.5
                                            § 180.434   [Amended]                                   Hazelnut ................................              0.05    § 180.570   [Amended]
                                            ■  25. In § 180.434, remove the entry for               Hop, dried cones ..................                      50
                                                                                                                                                                   ■43. In § 180.570, remove the entry for
                                            ‘‘Rice, straw’’ from the table in                       Leafy greens subgroup 4A,
                                                                                                      except spinach ..................                       35 ‘‘Rice, straw’’ from the table in
                                            paragraph (a).                                          Mango ...................................                2.5 paragraph (a)(2).
                                            § 180.438   [Amended]                                   Papaya ..................................                2.5
                                                                                                                                                                   § 180.577   [Amended]
                                                                                                    Pineapple ..............................                 4.0
                                            ■  26. In § 180.438, remove the entry for               Sapodilla ...............................                2.5   ■  44. In § 180.577, remove the entry for
                                            ‘‘Rice, straw’’ from the table in                       Sapote, black ........................                   2.5   ‘‘Rice, straw’’ from the table in
                                            paragraph (a)(1) and from the table in                  Sapote, mamey ....................                       2.5   paragraph (a).
                                            paragraph (a)(2).                                       Star apple .............................                 2.5
                                                                                                    Swiss chard ..........................                    18   § 180.602   [Amended]
                                            § 180.439   [Amended]                                   Tomato ..................................                1.5
                                                                                                    Turnip, greens ......................                    40    ■ 45. In § 180.602, remove the entry for
                                            ■  27. In § 180.439, remove the entry for               Vegetable, cucurbit, group 9                             0.5   ‘‘Hop, dried cones’’ from the table in
                                            ‘‘Rice, straw’’ from the table in                                                                                      paragraph (a).
                                            paragraph (a).                                              (2) * * *                                                  § 180.605   [Amended]
                                            § 180.441   [Amended]
                                                                                                                                                     Parts         ■  46. In § 180.605, remove the entry for
                                            ■  28. In § 180.441, remove the entry for                           Commodity                          per million     ‘‘Rice, straw’’ from the table in
                                            ‘‘Soybean, soapstock’’ from the table in                                                                               paragraph (a).
                                            paragraph (a)(1).                                       Cattle, fat ..............................             0.10
                                                                                                    Cattle, meat byproducts .......                        0.20    § 180.625   [Amended]
                                            § 180.445   [Amended]                                   Goat, fat ................................             0.10
                                                                                                    Goat, meat byproducts .........                        0.20    ■  47. In § 180.625, remove the entry for
                                            ■  29. In § 180.445, remove the entry for               Horse, fat ..............................              0.10    ‘‘Rice, straw’’ from the table in
                                            ‘‘Rice, straw’’ from the table in                       Horse, meat byproducts .......                         0.20    paragraph (a).
                                            paragraph (a).                                          Sheep, fat .............................               0.10    [FR Doc. 2015–28491 Filed 11–19–15; 8:45 am]
                                                                                                    Sheep, meat byproducts ......                          0.20
                                            § 180.447   [Amended]                                                                                                  BILLING CODE 6560–50–P

                                            ■  30. In § 180.447, remove the entry for               *       *         *        *        *
                                            ‘‘Rice, straw’’ from the table in
                                            paragraph (a)(2).                                       § 180.479       [Amended]                                      DEPARTMENT OF DEFENSE
                                                                                                    ■  35. In § 180.479, remove the entry for
                                            § 180.451   [Amended]
                                                                                                    ‘‘Rice, straw’’ from the table in                              Defense Acquisition Regulations
                                            ■  31. In § 180.451, remove the entry for               paragraph (a)(2).                                              System
                                            ‘‘Rice, straw’’ from the table in
                                            paragraph (a).                                          § 180.484       [Amended]                                      48 CFR Parts 212, 225, and 252
                                                                                                    ■  36. In § 180.484, remove the entry for                      [Docket DARS–2015–0024]
                                            § 180.463   [Amended]
                                                                                                    ‘‘Rice, straw’’ from the table in
                                            ■  32. In § 180.463, remove the entry for               paragraph (a).                                                 RIN 0750–AI41
                                            ‘‘Rice, straw’’ from the table in
                                            paragraph (a)(1).                                       § 180.495       [Amended]                                      Defense Federal Acquisition
                                                                                                    ■  37. In § 180.495, remove the entry for                      Regulation Supplement: Photovoltaic
                                            § 180.473   [Amended]                                                                                                  Devices From the United States
                                                                                                    ‘‘Coriander, leaves’’ from the table in
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                                            ■  33. In § 180.473, remove the entry for               paragraph (a).                                                 (DFARS Case 2015–D007)
                                            ‘‘Rice, straw’’ from the table in
                                                                                                    § 180.507       [Amended]                                      AGENCY:  Defense Acquisition
                                            paragraph (a).
                                                                                                                                                                   Regulations System, Department of
                                            ■ 34. In § 180.476, revise the table in                 ■  38. In § 180.507, remove the entry for                      Defense (DoD).
                                            paragraph (a)(1) and revise the table in                ‘‘Rice, straw’’ from the table in
                                                                                                                                                                   ACTION: Final rule.
                                            paragraph (a)(2) to read as follows:                    paragraph (a)(1).


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Document Created: 2015-12-14 13:58:13
Document Modified: 2015-12-14 13:58:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective May 18, 2016, except for the amendments to 40 CFR 180.253 (the restorations of the bulb onion and pear tolerances for methomyl), which are effective November 20, 2015. Objections and requests for hearings must be received on or before January 19, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactJoseph Nevola, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation80 FR 72593 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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