81_FR_35007 81 FR 34902 - Aldicarb, Alternaria destruens, Ampelomyces quisqualis, Azinphos-methyl, Etridiazole, Fenarimol, et al.; Tolerance and Tolerance Exemption Actions

81 FR 34902 - Aldicarb, Alternaria destruens, Ampelomyces quisqualis, Azinphos-methyl, Etridiazole, Fenarimol, et al.; Tolerance and Tolerance Exemption Actions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 105 (June 1, 2016)

Page Range34902-34907
FR Document2016-12723

EPA is revoking certain tolerances in follow-up to canceled product registrations or uses for acephate, aldicarb, azinphos-methyl, etridiazole, fenarimol, imazamethabenz-methyl, tepraloxydim, thiazopyr, and tralkoxydim, and is revoking tolerance exemptions for certain pesticide active ingredients. However, EPA will not revoke the thiacloprid tolerances at this time that had been previously proposed for revocation. Also, EPA is making minor revisions to the section heading and introductory text for Pythium oligandrum DV 74. In addition, in accordance with current Agency practice, EPA is making revisions to the tolerance expression for imazamethabenz-methyl, and removing expired tolerances and tolerance exemptions for certain pesticide active ingredients.

Federal Register, Volume 81 Issue 105 (Wednesday, June 1, 2016)
[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34902-34907]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12723]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0212; FRL-9943-73]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is revoking certain tolerances in follow-up to canceled 
product registrations or uses for acephate, aldicarb, azinphos-methyl, 
etridiazole, fenarimol, imazamethabenz-methyl, tepraloxydim, thiazopyr, 
and tralkoxydim, and is revoking tolerance exemptions for certain 
pesticide active ingredients. However, EPA will not revoke the 
thiacloprid tolerances at this time that had been previously proposed 
for revocation. Also, EPA is making minor revisions to the section 
heading and introductory text for Pythium oligandrum DV 74. In 
addition, in accordance with current Agency practice, EPA is making 
revisions to the tolerance expression for imazamethabenz-methyl, and 
removing expired tolerances and tolerance exemptions for certain 
pesticide active ingredients.

DATES: This regulation is effective November 28, 2016. Objections and 
requests for hearings must be received on or before August 1, 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-2015-0212, 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 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(g), 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-2015-0212 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 August 
1, 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-2015-0212, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be 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 22, 2015 (80 FR 43373) (FRL-9929-
12), EPA issued a proposed rule to revoke certain tolerances for 
acephate, aldicarb, azinphos-methyl, etridiazole, fenarimol, 
imazamethabenz-methyl, tepraloxydim, thiacloprid, thiazopyr, and 
tralkoxydim, and tolerance exemptions for certain pesticide active 
ingredients, in follow-up to canceled product registrations or uses. 
Also, EPA proposed to make minor revisions to the section heading and 
introductory text for Pythium oligandrum DV 74. In addition, in 
accordance with current Agency practice, EPA proposed to make minor 
revisions to the tolerance expression for imazamethabenz-methyl, and 
remove expired tolerances and tolerance exemptions for certain 
pesticide active ingredients. The proposal provided a 60-day comment 
period.
    Since the proposed rule of July 22, 2015, amendments for the last 
two acephate labels with succulent bean use (revising succulent bean to 
a non-food use) were approved by EPA, as anticipated and discussed in 
the

[[Page 34903]]

proposed rule. Therefore, EPA is revoking the acephate tolerances in 40 
CFR 180.108(a)(1) and (a)(3) on bean, succulent.
    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 pesticide active ingredients 
on crop uses for which there are no active registrations under FIFRA, 
unless any person comments on the proposal indicating 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).
    Among the comments received by EPA are the following:
    1. Aldicarb.--Comment by Ag Logic Chemical LLC (Ag Logic). The 
commenter requested that the aldicarb tolerances on sorghum be retained 
for possible future actions. Ag Logic stated that another registrant 
requested the voluntary cancellation of its aldicarb products for use 
on sorghum and now Ag Logic is the sole registrant for aldicarb. Also, 
Ag Logic stated it is reevaluating all current and potential 
agricultural uses for aldicarb and if it decides to apply for 
registration on sorghum it would be extremely beneficial to both Ag 
Logic and the Agency if the sorghum tolerances remained in place.
    Agency response. The use of aldicarb on sorghum was officially 
canceled in 2009 (see details in the proposed rule of July 22, 2015) 
under section 6(f)(1) of FIFRA, 7 U.S.C. 136(d)(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 sorghum use in response to a registrant's 
voluntary request, and no other aldicarb products include a use on 
sorghum, there is currently no legal use of aldicarb on sorghum. EPA 
will not retain the tolerance based on the possibility that someone may 
apply for a new use on sorghum in the future. Tolerances are generally 
maintained for current uses. In addition, no comment specific to the 
need for retaining tolerances for aldicarb residues of concern on 
sorghum for import purposes was received by the Agency during the 60-
day comment period. Therefore, EPA is revoking the tolerances for 
aldicarb in 40 CFR 180.269(a) on sorghum, grain, bran; sorghum, grain, 
grain; and sorghum, grain, stover.
    2. Thiacloprid.--Comments by Bayer CropScience (BCS), BCS in 
Mexico, Power Farms Inc., the Ontario Apple Growers (OAG), and the 
Ontario Fruit and Vegetable Growers' Association (OFVGA). The 
commenters requested that all the current tolerances for thiacloprid be 
retained for import purposes with the exception of the OFVGA, which 
asked that only the specific thiacloprid tolerances on pome fruit and 
wet apple pomace be maintained for import purposes. Also, BCS stated 
its intention to provide supporting data where necessary for all of the 
current thiacloprid tolerances.
    Agency response. In comments to the proposed rule, persons 
expressed a need for retention of the thiacloprid tolerances for import 
purposes. Therefore, EPA will not revoke the thiacloprid tolerances in 
40 CFR 180.594 at this time. However, because there are no longer any 
active food-use registrations in the United States and no comments were 
received by EPA which expressed a need for more time to exhaust 
existing stocks for domestic use, EPA is not changing its previous 
determination (as stated in the proposed rule of July 22, 2015) that 
existing stocks in the United States will be exhausted by February 8, 
2017. EPA is noting in 40 CFR 180.594 that the tolerances for 
thiacloprid have no U.S. registrations as of August 6, 2014. Also, 
retaining these tolerances may require submission of data to 
demonstrate their safety. For example, domestic U.S. residue data may 
not be representative of growing conditions and use patterns in other 
countries. EPA published guidance on pesticide import tolerances and 
residue data for imported food in the Federal Register notices of April 
5, 2006 (71 FR 17099) (FRL-7772-1) and June 1, 2000 (65 FR 35069) (FRL-
6559-3).
    With the exception of aldicarb and thiacloprid, 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 22, 
2015. Therefore, with the exception of thiacloprid, EPA is finalizing 
revocations and amendments in the proposed rule of July 22, 2015. For a 
detailed discussion of the Agency's rationale for the finalized 
tolerance actions, refer to the proposed rule of July 22, 2015.

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 
revoking tolerances and tolerance exemptions 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 
November 28, 2016. 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. With the exception of fenarimol, imazamethabenz-methyl, and 
thiacloprid, 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. EPA is revoking certain tolerances for fenarimol, 
imazamethabenz-methyl, and tepraloxydim with expiration/revocation 
dates. EPA believes that these revocation dates allow users to exhaust 
stocks and allow sufficient time

[[Page 34904]]

for passage of treated commodities 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 etridiazole, 
imazamethabenz-methyl, tepraloxydim, thiazopyr, and tralkoxydim.
    The Codex has established MRLs for acephate, in or on various 
commodities, including beans, except broad bean and soya bean at 5 
milligrams/kilogram (mg/kg). The beans, except broad bean and soya bean 
MRL is different than the tolerance established for acephate on 
succulent bean in the United States, which EPA is revoking in this 
final rule.
    The Codex has established MRLs for aldicarb, in or on various 
commodities, including sorghum at 0.1 mg/kg, which is covered by a 
current U.S. tolerance at a higher level than the MRL, and sorghum 
straw and fodder, dry at 0.5 mg/kg, which is the same as the U.S. 
tolerance. The sorghum MRL is different than the tolerance established 
for aldicarb in the United States. In this final rule EPA is revoking 
the tolerances for aldicarb on sorghum, grain, bran; sorghum, grain, 
grain; and sorghum, grain, stover.
    The Codex has established MRLs for azinphos-methyl in or on various 
commodities, including almond hulls and blueberries at 5 mg/kg, 
cherries, peach, and plums (including prunes) at 2 mg/kg, and walnuts 
at 0.3 mg/kg. These MRLs are the same as the tolerances established for 
azinphos-methyl in the United States. In this final rule EPA is 
revoking the tolerances for azinphos-methyl on almond, hulls; 
blueberry; cherry; peach; plum, prune; and walnut.
    The Codex has established MRLs for azinphos-methyl, in or on 
various commodities, including almonds and apple at 0.05 mg/kg (which 
are covered by current U.S. tolerances at a higher level than the 
MRLs), and pear at 2 mg/kg. These MRLs are different than the 
tolerances established for azinphos-methyl in the United States. In 
this final rule EPA is revoking the tolerances for azinphos-methyl on 
almond; apple; and pear.
    The Codex has established MRLs for fenarimol in or on various 
commodities, including cattle, liver at 0.05 mg/kg, cherries at 1 mg/
kg, hops, dry at 5 mg/kg, and pecan at 0.02 mg/kg. These MRLs are the 
same as the tolerances established for fenarimol in the United States. 
In this final rule EPA is revoking the tolerances for fenarimol 
residues in or on cattle, meat byproducts, except kidney; cherry, 
sweet; cherry, tart; hop, dried cones; and pecan; each with an 
expiration/revocation date.
    The Codex has established MRLs for fenarimol, in or on various 
commodities, including cattle kidney and cattle meat at 0.02 mg/kg; and 
grapes at 0.3 mg/kg. These MRLs are different than the tolerances 
established for fenarimol in the United States. In this final rule EPA 
is revoking the tolerances for fenarimol residues in or on cattle, 
kidney; cattle, meat; and grape; each with an expiration/revocation 
date.
    The Codex has established MRLs for thiacloprid in or on various 
commodities, including cotton seed at 0.02 mg/kg, peppers, sweet at 1 
mg/kg, and stone fruits at 0.5 mg/kg (for U.S. tolerances on cherry 
subgroup and peach subgroup). These MRLs are the same as the tolerances 
established for thiacloprid in the United States.
    The Codex has established MRLs for thiacloprid, in or on various 
commodities, including milks at 0.05 mg/kg; pome fruits at 0.7 mg/kg, 
and stone fruits at 0.5 mg/kg (for U.S. tolerance on plum subgroup). 
These MRLs are different than the tolerances established for 
thiacloprid in the United States because of differences in use patterns 
and/or agricultural practices.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted this type of action (e.g., a 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 (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 
(NTTAA) (15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously assessed 
whether revocations of tolerances might significantly impact a 
substantial number of small entities and concluded that, as a general 
matter, these actions do not impose a significant economic impact on a 
substantial number of small entities. This analysis was published in 
the Federal Register of December 17, 1997 (62 FR 66020) (FRL-5753-1), 
and was provided to the Chief

[[Page 34905]]

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 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 action.

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: May 11, 2016.
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.


Sec.  180.108  [Amended]

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


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

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


Sec.  180.269  [Amended]

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


Sec. Sec.  180.311 and 180.315  [Removed]

0
5. Remove Sec. Sec.  180.311 and 180.315.

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


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

    (a) * * *

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

* * * * *

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


Sec.  180.421  Fenarimol; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Apple...................................             0.3         7/31/16
Apple, wet pomace.......................             0.3         7/31/16
Banana \1\..............................            0.25            None
Cattle, fat.............................            0.01         7/31/16
Cattle, kidney..........................            0.01         7/31/16
Cattle, meat............................            0.01         7/31/16
Cattle, meat byproducts, except kidney..            0.05         7/31/16
Cherry, sweet...........................             1.0         7/31/16
Cherry, tart............................             1.0         7/31/16
Goat, fat...............................            0.01         7/31/16
Goat, kidney............................            0.01         7/31/16
Goat, meat..............................            0.01         7/31/16

[[Page 34906]]

 
Goat, meat byproducts, except kidney....            0.05         7/31/16
Grape...................................             0.1         7/31/16
Hazelnut................................            0.02         7/31/16
Hop, dried cones........................             5.0         7/31/16
Horse, fat..............................            0.01         7/31/16
Horse, kidney...........................            0.01         7/31/16
Horse, meat.............................            0.01         7/31/16
Horse, meat byproducts, except kidney...            0.05         7/31/16
Pear....................................             0.1         7/31/16
Pecan...................................            0.02         7/31/16
Sheep, fat..............................            0.01         7/31/16
Sheep, kidney...........................            0.01         7/31/16
Sheep, meat.............................            0.01         7/31/16
Sheep, meat byproducts, except kidney...            0.05         7/31/16
Vegetable, cucurbit, group 9 \2\........            0.20            None
------------------------------------------------------------------------
\1\ There are no U.S. registrations for bananas as of April 26, 1995.
\2\ There are no U.S. registrations for cucurbit vegetable group 9 as of
  August 27, 2010.

* * * * *


Sec.  180.422  [Removed]

0
8. Remove Sec.  180.422.

0
9. Revise Sec.  180.437 to read as follows:


Sec.  180.437  Imazamethabenz-methyl; tolerances for residues.

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

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Barley, grain...........................            0.10        12/31/16
Barley, straw...........................            2.00        12/31/16
Sunflower, seed.........................            0.10        12/31/16
Wheat, grain............................            0.10        12/31/16
Wheat, straw............................            2.00        12/31/16
------------------------------------------------------------------------

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


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

0
10. Remove Sec. Sec.  180.496, 180.497, 180.530, and 180.548.

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


Sec.  180.573  Tepraloxydim; tolerances for residues.

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

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

    (2) * * *

[[Page 34907]]



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

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                           Expiration/
               Commodity                   Parts per        revocation
                                            million            date
------------------------------------------------------------------------
Canola, seed..........................            0.50         12/31/18
------------------------------------------------------------------------

* * * * *

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


Sec.  180.594  Thiacloprid; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Apple, wet pomace \1\......................................         0.60
Cattle, fat \1\............................................        0.020
Cattle, kidney \1\.........................................        0.050
Cattle, liver \1\..........................................         0.15
Cattle, meat \1\...........................................        0.030
Cattle, meat byproducts \1\................................        0.050
Cherry subgroup 12-12A \1\.................................          0.5
Cotton, gin byproducts \1\.................................         11.0
Cotton, undelinted seed \1\................................        0.020
Fruit, pome, group 11 \1\..................................         0.30
Goat, fat \1\..............................................        0.020
Goat, kidney \1\...........................................        0.050
Goat, liver \1\............................................         0.15
Goat, meat \1\.............................................        0.030
Goat, meat byproducts \1\..................................        0.050
Horse, fat \1\.............................................        0.020
Horse, kidney \1\..........................................        0.050
Horse, liver \1\...........................................         0.15
Horse, meat \1\............................................        0.030
Horse, meat byproducts \1\.................................        0.050
Milk \1\...................................................        0.030
Peach subgroup 12-12B \1\..................................          0.5
Peach subgroup 12-12C \1\..................................         0.05
Pepper \1\.................................................          1.0
Sheep, fat \1\.............................................        0.020
Sheep, kidney \1\..........................................        0.050
Sheep, liver \1\...........................................         0.15
Sheep, meat \1\............................................        0.030
Sheep, meat byproducts \1\.................................        0.050
------------------------------------------------------------------------
\1\ There are no U.S. registrations for the commodity since August 6,
  2014.

* * * * *


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

0
13. Remove Sec. Sec.  180.630, 180.642, 180.1107, 180.1108, 180.1113, 
180.1131, 180.1144, and 180.1154.

0
14. Revise Sec.  180.1180 to read as follows:


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

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


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

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


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

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


Sec.  180.1279  [Removed]

0
17. Remove Sec.  180.1279.

[FR Doc. 2016-12723 Filed 5-31-16; 8:45 am]
 BILLING CODE 6560-50-P



                                              34902             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                                (b) Section 18 emergency exemptions.                  holidays. The telephone number for the                and hearing requests are provided in 40
                                              [Reserved]                                              Public Reading Room is (202) 566–1744,                CFR 178.25(b).
                                                (c) Tolerances with regional                          and the telephone number for the OPP                    In addition to filing an objection or
                                              registrations. [Reserved]                               Docket is (703) 305–5805. Please review               hearing request with the Hearing Clerk
                                                (d) Indirect or inadvertant residues.                 the visitor instructions and additional               as described in 40 CFR part 178, please
                                              [Reserved]                                              information about the docket available                submit a copy of the filing (excluding
                                              [FR Doc. 2016–12722 Filed 5–31–16; 8:45 am]             at http://www.epa.gov/dockets.                        any Confidential Business Information
                                              BILLING CODE 6560–50–P
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      (CBI)) for inclusion in the public docket.
                                                                                                      Joseph Nevola, Pesticide Re-Evaluation                Information not marked confidential
                                                                                                      Division (7508P), Office of Pesticide                 pursuant to 40 CFR part 2 may be
                                              ENVIRONMENTAL PROTECTION                                                                                      disclosed publicly by EPA without prior
                                              AGENCY                                                  Programs, Environmental Protection
                                                                                                      Agency, 1200 Pennsylvania Ave. NW.,                   notice. Submit the non-CBI copy of your
                                              40 CFR Part 180                                         Washington, DC 20460–0001; telephone                  objection or hearing request, identified
                                                                                                      number: (703) 308–8037; email address:                by docket ID number EPA–HQ–OPP–
                                              [EPA–HQ–OPP–2015–0212; FRL–9943–73]                     nevola.joseph@epa.gov.                                2015–0212, by one of the following
                                                                                                      SUPPLEMENTARY INFORMATION:                            methods:
                                              Aldicarb, Alternaria destruens,                                                                                 • Federal eRulemaking Portal: http://
                                              Ampelomyces quisqualis, Azinphos-                       I. General Information                                www.regulations.gov. Follow the online
                                              methyl, Etridiazole, Fenarimol, et al.;                                                                       instructions for submitting comments.
                                              Tolerance and Tolerance Exemption                       A. Does this action apply to me?
                                                                                                                                                            Do not submit electronically any
                                              Actions                                                    You may be potentially affected by                 information you consider to be CBI or
                                              AGENCY:  Environmental Protection                       this action if you are an agricultural                other information whose disclosure is
                                              Agency (EPA).                                           producer, food manufacturer, or                       restricted by statute.
                                              ACTION: Final rule.
                                                                                                      pesticide manufacturer. The following                   • Mail: OPP Docket, Environmental
                                                                                                      list of North American Industrial                     Protection Agency Docket Center (EPA/
                                              SUMMARY:   EPA is revoking certain                      Classification System (NAICS) codes is                DC), (28221T), 1200 Pennsylvania Ave.
                                              tolerances in follow-up to canceled                     not intended to be exhaustive, but rather             NW., Washington, DC 20460–0001.
                                              product registrations or uses for                       provides a guide to help readers                        • Hand Delivery: To make special
                                              acephate, aldicarb, azinphos-methyl,                    determine whether this document                       arrangements for hand delivery or
                                              etridiazole, fenarimol, imazamethabenz-                 applies to them. Potentially affected                 delivery of boxed information, please
                                              methyl, tepraloxydim, thiazopyr, and                    entities may include:                                 follow the instructions at http://
                                              tralkoxydim, and is revoking tolerance                     • Crop production (NAICS code 111).                www.epa.gov/dockets/contacts.html.
                                              exemptions for certain pesticide active                    • Animal production (NAICS code                    Additional instructions on commenting
                                              ingredients. However, EPA will not                      112).                                                 or visiting the docket, along with more
                                              revoke the thiacloprid tolerances at this                  • Food manufacturing (NAICS code                   information about dockets generally, is
                                              time that had been previously proposed                  311).                                                 available at http://www.epa.gov/
                                              for revocation. Also, EPA is making                        • Pesticide manufacturing (NAICS                   dockets.
                                              minor revisions to the section heading                  code 32532).
                                              and introductory text for Pythium                                                                             II. Background
                                                                                                      B. How can I get electronic access to
                                              oligandrum DV 74. In addition, in                       other related information?                            A. What action is the Agency taking?
                                              accordance with current Agency
                                                                                                        You may access a frequently updated                    In the Federal Register of July 22,
                                              practice, EPA is making revisions to the
                                                                                                      electronic version of 40 CFR part 180                 2015 (80 FR 43373) (FRL–9929–12),
                                              tolerance expression for
                                                                                                      through the Government Printing                       EPA issued a proposed rule to revoke
                                              imazamethabenz-methyl, and removing
                                                                                                      Office’s e-CFR site at http://                        certain tolerances for acephate, aldicarb,
                                              expired tolerances and tolerance
                                                                                                      www.ecfr.gov/cgi-bin/text-                            azinphos-methyl, etridiazole, fenarimol,
                                              exemptions for certain pesticide active
                                                                                                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  imazamethabenz-methyl, tepraloxydim,
                                              ingredients.
                                                                                                      40tab_02.tpl.                                         thiacloprid, thiazopyr, and tralkoxydim,
                                              DATES: This regulation is effective                                                                           and tolerance exemptions for certain
                                              November 28, 2016. Objections and                       C. How can I file an objection or hearing             pesticide active ingredients, in follow-
                                              requests for hearings must be received                  request?                                              up to canceled product registrations or
                                              on or before August 1, 2016, and must                      Under the Federal Food, Drug, and                  uses. Also, EPA proposed to make
                                              be filed in accordance with the                         Cosmetic Act (FFDCA) section 408(g),                  minor revisions to the section heading
                                              instructions provided in 40 CFR part                    21 U.S.C. 346a(g), any person may file                and introductory text for Pythium
                                              178 (see also Unit I.C. of the                          an objection to any aspect of this                    oligandrum DV 74. In addition, in
                                              SUPPLEMENTARY INFORMATION).                             regulation and may also request a                     accordance with current Agency
                                              ADDRESSES: The docket for this action,                  hearing on those objections. You must                 practice, EPA proposed to make minor
                                              identified by docket identification (ID)                file your objection or request a hearing              revisions to the tolerance expression for
                                              number EPA–HQ–OPP–2015–0212, is                         on this regulation in accordance with                 imazamethabenz-methyl, and remove
                                              available at http://www.regulations.gov                 the instructions provided in 40 CFR part              expired tolerances and tolerance
                                              or at the Office of Pesticide Programs                  178. To ensure proper receipt by EPA,                 exemptions for certain pesticide active
                                              Regulatory Public Docket (OPP Docket)                   you must identify docket ID number                    ingredients. The proposal provided a
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                                              in the Environmental Protection Agency                  EPA–HQ–OPP–2015–0212 in the subject                   60-day comment period.
                                              Docket Center (EPA/DC), West William                    line on the first page of your                           Since the proposed rule of July 22,
                                              Jefferson Clinton Bldg., Rm. 3334, 1301                 submission. All objections and requests               2015, amendments for the last two
                                              Constitution Ave. NW., Washington, DC                   for a hearing must be in writing, and                 acephate labels with succulent bean use
                                              20460–0001. The Public Reading Room                     must be received by the Hearing Clerk                 (revising succulent bean to a non-food
                                              is open from 8:30 a.m. to 4:30 p.m.,                    on or before August 1, 2016. Addresses                use) were approved by EPA, as
                                              Monday through Friday, excluding legal                  for mail and hand delivery of objections              anticipated and discussed in the


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                                                                Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                         34903

                                              proposed rule. Therefore, EPA is                        Ag Logic is the sole registrant for                   in the United States will be exhausted
                                              revoking the acephate tolerances in 40                  aldicarb. Also, Ag Logic stated it is                 by February 8, 2017. EPA is noting in
                                              CFR 180.108(a)(1) and (a)(3) on bean,                   reevaluating all current and potential                40 CFR 180.594 that the tolerances for
                                              succulent.                                              agricultural uses for aldicarb and if it              thiacloprid have no U.S. registrations as
                                                 In this final rule EPA is revoking                   decides to apply for registration on                  of August 6, 2014. Also, retaining these
                                              certain tolerances and/or tolerance                     sorghum it would be extremely                         tolerances may require submission of
                                              exemptions because either they are no                   beneficial to both Ag Logic and the                   data to demonstrate their safety. For
                                              longer needed or are associated with                    Agency if the sorghum tolerances                      example, domestic U.S. residue data
                                              food uses that are no longer registered                 remained in place.                                    may not be representative of growing
                                              under the Federal Insecticide,                            Agency response. The use of aldicarb                conditions and use patterns in other
                                              Fungicide, and Rodenticide Act (FIFRA)                  on sorghum was officially canceled in                 countries. EPA published guidance on
                                              in the United States. Those instances                   2009 (see details in the proposed rule of             pesticide import tolerances and residue
                                              where registrations were canceled were                  July 22, 2015) under section 6(f)(1) of               data for imported food in the Federal
                                              because the registrant failed to pay the                FIFRA, 7 U.S.C. 136(d)(f)(1), under                   Register notices of April 5, 2006 (71 FR
                                              required maintenance fee and/or the                     which a registrant of a pesticide product             17099) (FRL–7772–1) and June 1, 2000
                                              registrant voluntarily requested                        may request that the product                          (65 FR 35069) (FRL–6559–3).
                                              cancellation of one or more registered                  registration be canceled or amended to                   With the exception of aldicarb and
                                              uses of the pesticide active ingredient.                terminate one or more uses. Because                   thiacloprid, the Agency did not receive
                                              The tolerances revoked by this final rule               EPA canceled the sorghum use in                       any specific comments in the docket,
                                              are no longer necessary to cover                        response to a registrant’s voluntary                  during the 60-day comment period,
                                              residues of the relevant pesticides in or               request, and no other aldicarb products               concerning proposed tolerance actions
                                              on domestically treated commodities or                  include a use on sorghum, there is                    associated with pesticide active
                                              commodities treated outside but                         currently no legal use of aldicarb on                 ingredients, as described in the Federal
                                              imported into the United States. It is                  sorghum. EPA will not retain the                      Register of July 22, 2015. Therefore,
                                              EPA’s general practice to issue a final                 tolerance based on the possibility that               with the exception of thiacloprid, EPA
                                              rule revoking those tolerances and                      someone may apply for a new use on                    is finalizing revocations and
                                              tolerance exemptions for residues of                    sorghum in the future. Tolerances are                 amendments in the proposed rule of
                                              pesticide active ingredients on crop uses               generally maintained for current uses. In             July 22, 2015. For a detailed discussion
                                              for which there are no active                           addition, no comment specific to the                  of the Agency’s rationale for the
                                              registrations under FIFRA, unless any                   need for retaining tolerances for aldicarb            finalized tolerance actions, refer to the
                                              person comments on the proposal                         residues of concern on sorghum for                    proposed rule of July 22, 2015.
                                              indicating a need for the tolerance or                  import purposes was received by the
                                                                                                                                                            B. What is the Agency’s authority for
                                              tolerance exemption to cover residues in                Agency during the 60-day comment
                                                                                                                                                            taking this action?
                                              or on imported commodities or legally                   period. Therefore, EPA is revoking the
                                              treated domestic commodities.                           tolerances for aldicarb in 40 CFR                       EPA may issue a regulation
                                                 EPA has historically been concerned                  180.269(a) on sorghum, grain, bran;                   establishing, modifying, or revoking a
                                              that retention of tolerances that are not               sorghum, grain, grain; and sorghum,                   tolerance under FFDCA section 408(e).
                                              necessary to cover residues in or on                    grain, stover.                                        In this final rule, EPA is revoking
                                              legally treated foods may encourage                       2. Thiacloprid.—Comments by Bayer                   tolerances and tolerance exemptions as
                                              misuse of pesticides within the United                  CropScience (BCS), BCS in Mexico,                     follow-up on canceled uses of
                                              States.                                                 Power Farms Inc., the Ontario Apple                   pesticides.
                                                 Generally, EPA will proceed with the                 Growers (OAG), and the Ontario Fruit                  C. When do these actions become
                                              revocation of these tolerances on the                   and Vegetable Growers’ Association                    effective?
                                              grounds discussed in Unit II.A. if one of               (OFVGA). The commenters requested
                                              the following conditions applies:                       that all the current tolerances for                      As stated in the DATES section, this
                                                 1. Prior to EPA’s issuance of a FFDCA                thiacloprid be retained for import                    regulation is effective November 28,
                                              section 408(f) order requesting                         purposes with the exception of the                    2016. EPA is delaying the effective date
                                              additional data or issuance of a FFDCA                  OFVGA, which asked that only the                      of these finalized actions to allow a
                                              section 408(d) or (e) order revoking the                specific thiacloprid tolerances on pome               reasonable interval for producers in
                                              tolerances on other grounds,                            fruit and wet apple pomace be                         exporting members of the World Trade
                                              commenters retract the comment                          maintained for import purposes. Also,                 Organization’s Sanitary and
                                              identifying a need for the tolerance to be              BCS stated its intention to provide                   Phytosanitary Measures Agreement to
                                              retained.                                               supporting data where necessary for all               adapt to the requirements of a final rule.
                                                 2. EPA independently verifies that the               of the current thiacloprid tolerances.                With the exception of fenarimol,
                                              tolerance is no longer needed.                            Agency response. In comments to the                 imazamethabenz-methyl, and
                                                 3. The tolerance is not supported by                 proposed rule, persons expressed a need               thiacloprid, EPA believes that existing
                                              data that demonstrate that the tolerance                for retention of the thiacloprid                      stocks of the canceled or amended
                                              meets the requirements under the Food                   tolerances for import purposes.                       pesticide products labeled for the uses
                                              Quality Protection Act (FQPA).                          Therefore, EPA will not revoke the                    associated with the revoked tolerances
                                                 Among the comments received by                       thiacloprid tolerances in 40 CFR                      have been completely exhausted and
                                              EPA are the following:                                  180.594 at this time. However, because                that treated commodities have had
                                                 1. Aldicarb.—Comment by Ag Logic                     there are no longer any active food-use               sufficient time for passage through the
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                                              Chemical LLC (Ag Logic). The                            registrations in the United States and no             channels of trade. EPA is revoking
                                              commenter requested that the aldicarb                   comments were received by EPA which                   certain tolerances for fenarimol,
                                              tolerances on sorghum be retained for                   expressed a need for more time to                     imazamethabenz-methyl, and
                                              possible future actions. Ag Logic stated                exhaust existing stocks for domestic use,             tepraloxydim with expiration/
                                              that another registrant requested the                   EPA is not changing its previous                      revocation dates. EPA believes that
                                              voluntary cancellation of its aldicarb                  determination (as stated in the proposed              these revocation dates allow users to
                                              products for use on sorghum and now                     rule of July 22, 2015) that existing stocks           exhaust stocks and allow sufficient time


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                                              34904             Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                              for passage of treated commodities                      sorghum straw and fodder, dry at 0.5                    The Codex has established MRLs for
                                              through the channels of trade.                          mg/kg, which is the same as the U.S.                  thiacloprid, in or on various
                                                 Any commodities listed in the                        tolerance. The sorghum MRL is different               commodities, including milks at 0.05
                                              regulatory text of this document that are               than the tolerance established for                    mg/kg; pome fruits at 0.7 mg/kg, and
                                              treated with the pesticides subject to                  aldicarb in the United States. In this                stone fruits at 0.5 mg/kg (for U.S.
                                              this final rule, and that are in the                    final rule EPA is revoking the tolerances             tolerance on plum subgroup). These
                                              channels of trade following the                         for aldicarb on sorghum, grain, bran;                 MRLs are different than the tolerances
                                              tolerance revocations, shall be subject to              sorghum, grain, grain; and sorghum,                   established for thiacloprid in the United
                                              FFDCA section 408(1)(5), as established                 grain, stover.                                        States because of differences in use
                                              by FQPA. Under this unit, any residues                     The Codex has established MRLs for                 patterns and/or agricultural practices.
                                              of these pesticides in or on such food                  azinphos-methyl in or on various
                                              shall not render the food adulterated so                                                                      IV. Statutory and Executive Order
                                                                                                      commodities, including almond hulls                   Reviews
                                              long as it is shown to the satisfaction of              and blueberries at 5 mg/kg, cherries,
                                              the Food and Drug Administration that:                  peach, and plums (including prunes) at                   In this final rule, EPA revokes specific
                                                 1. The residue is present as the result              2 mg/kg, and walnuts at 0.3 mg/kg.                    tolerances established under FFDCA
                                              of an application or use of the pesticide               These MRLs are the same as the                        section 408. The Office of Management
                                              at a time and in a manner that was                      tolerances established for azinphos-                  and Budget (OMB) has exempted this
                                              lawful under FIFRA.                                     methyl in the United States. In this final            type of action (e.g., a tolerance
                                                 2. The residue does not exceed the                   rule EPA is revoking the tolerances for               revocation for which extraordinary
                                              level that was authorized at the time of                azinphos-methyl on almond, hulls;                     circumstances do not exist) from review
                                              the application or use to be present on                 blueberry; cherry; peach; plum, prune;                under Executive Order 12866, entitled
                                              the food under a tolerance or exemption                 and walnut.                                           ‘‘Regulatory Planning and Review’’ (58
                                              from tolerance. Evidence to show that                                                                         FR 51735, October 4, 1993). Because
                                                                                                         The Codex has established MRLs for
                                              food was lawfully treated may include                                                                         this rule has been exempted from
                                                                                                      azinphos-methyl, in or on various
                                              records that verify the dates that the                                                                        review under Executive Order 12866
                                                                                                      commodities, including almonds and
                                              pesticide was applied to such food.                                                                           due to its lack of significance, this rule
                                                                                                      apple at 0.05 mg/kg (which are covered
                                                                                                                                                            is not subject to Executive Order 13211,
                                              III. International Residue Limits                       by current U.S. tolerances at a higher
                                                                                                                                                            entitled ‘‘Actions Concerning
                                                 In making its tolerance decisions, EPA               level than the MRLs), and pear at 2 mg/
                                                                                                                                                            Regulations That Significantly Affect
                                              seeks to harmonize U.S. tolerances with                 kg. These MRLs are different than the
                                                                                                                                                            Energy Supply, Distribution, or Use’’ (66
                                              international standards whenever                        tolerances established for azinphos-                  FR 28355, May 22, 2001). This final rule
                                              possible, consistent with U.S. food                     methyl in the United States. In this final            does not contain any information
                                              safety standards and agricultural                       rule EPA is revoking the tolerances for               collections subject to OMB approval
                                              practices. EPA considers the                            azinphos-methyl on almond; apple; and                 under the Paperwork Reduction Act
                                              international maximum residue limits                    pear.                                                 (PRA) (44 U.S.C. 3501 et seq.), or
                                              (MRLs) established by the Codex                            The Codex has established MRLs for                 impose any enforceable duty or contain
                                              Alimentarius Commission (Codex), as                     fenarimol in or on various commodities,               any unfunded mandate as described
                                              required by FFDCA section 408(b)(4).                    including cattle, liver at 0.05 mg/kg,                under Title II of the Unfunded Mandates
                                              The Codex Alimentarius is a joint                       cherries at 1 mg/kg, hops, dry at 5 mg/               Reform Act (UMRA) (2 U.S.C. 1501 et
                                              United Nations Food and Agriculture                     kg, and pecan at 0.02 mg/kg. These                    seq.). Nor does it require any special
                                              Organization/World Health                               MRLs are the same as the tolerances                   considerations as required by Executive
                                              Organization food standards program,                    established for fenarimol in the United               Order 12898, entitled ‘‘Federal Actions
                                              and it is recognized as an international                States. In this final rule EPA is revoking            to Address Environmental Justice in
                                              food safety standards-setting                           the tolerances for fenarimol residues in              Minority Populations and Low-Income
                                              organization in trade agreements to                     or on cattle, meat byproducts, except                 Populations’’ (59 FR 7629, February 16,
                                              which the United States is a party. EPA                 kidney; cherry, sweet; cherry, tart; hop,             1994); or OMB review or any other
                                              may establish a tolerance that is                       dried cones; and pecan; each with an                  Agency action under Executive Order
                                              different from a Codex MRL; however,                    expiration/revocation date.                           13045, entitled ‘‘Protection of Children
                                              FFDCA section 408(b)(4) requires that                      The Codex has established MRLs for                 from Environmental Health Risks and
                                              EPA explain the reasons for departing                   fenarimol, in or on various                           Safety Risks’’ (62 FR 19885, April 23,
                                              from the Codex level.                                   commodities, including cattle kidney                  1997). This action does not involve any
                                                 The Codex has not established a MRL                  and cattle meat at 0.02 mg/kg; and                    technical standards that would require
                                              for etridiazole, imazamethabenz-methyl,                 grapes at 0.3 mg/kg. These MRLs are                   Agency consideration of voluntary
                                              tepraloxydim, thiazopyr, and                            different than the tolerances established             consensus standards pursuant to section
                                              tralkoxydim.                                            for fenarimol in the United States. In                12(d) of the National Technology
                                                 The Codex has established MRLs for                   this final rule EPA is revoking the                   Transfer and Advancement Act
                                              acephate, in or on various commodities,                 tolerances for fenarimol residues in or               (NTTAA) (15 U.S.C. 272 note). Pursuant
                                              including beans, except broad bean and                  on cattle, kidney; cattle, meat; and                  to the Regulatory Flexibility Act (RFA)
                                              soya bean at 5 milligrams/kilogram (mg/                 grape; each with an expiration/                       (5 U.S.C. 601 et seq.), the Agency
                                              kg). The beans, except broad bean and                   revocation date.                                      previously assessed whether revocations
                                              soya bean MRL is different than the                        The Codex has established MRLs for                 of tolerances might significantly impact
                                              tolerance established for acephate on                   thiacloprid in or on various                          a substantial number of small entities
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                                              succulent bean in the United States,                    commodities, including cotton seed at                 and concluded that, as a general matter,
                                              which EPA is revoking in this final rule.               0.02 mg/kg, peppers, sweet at 1 mg/kg,                these actions do not impose a significant
                                                 The Codex has established MRLs for                   and stone fruits at 0.5 mg/kg (for U.S.               economic impact on a substantial
                                              aldicarb, in or on various commodities,                 tolerances on cherry subgroup and                     number of small entities. This analysis
                                              including sorghum at 0.1 mg/kg, which                   peach subgroup). These MRLs are the                   was published in the Federal Register of
                                              is covered by a current U.S. tolerance at               same as the tolerances established for                December 17, 1997 (62 FR 66020) (FRL–
                                              a higher level than the MRL, and                        thiacloprid in the United States.                     5753–1), and was provided to the Chief


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                                                                        Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                                                                                34905

                                              Counsel for Advocacy of the Small                                            alter the relationships or distribution of                                   and pests, Reporting and recordkeeping
                                              Business Administration. Taking into                                         power and responsibilities established                                       requirements.
                                              account this analysis and available                                          by Congress in the preemption                                                  Dated: May 11, 2016.
                                              information concerning the pesticides                                        provisions of FFDCA section 408(n)(4).                                       Jack E. Housenger,
                                              listed in this rule, the Agency hereby                                       For these same reasons, the Agency has
                                                                                                                                                                                                        Director, Office of Pesticide Programs.
                                              certifies that this final rule will not have                                 determined that this rule does not have
                                              a significant economic impact on a                                           any ‘‘tribal implications’’ as described                                       Therefore, 40 CFR chapter I is
                                                                                                                           in Executive Order 13175, entitled                                           amended as follows:
                                              substantial number of small entities. In
                                              a memorandum dated May 25, 2001,                                             ‘‘Consultation and Coordination with
                                                                                                                                                                                                        PART 180—[AMENDED]
                                              EPA determined that eight conditions                                         Indian Tribal Governments’’ (65 FR
                                              must all be satisfied in order for an                                        67249, November 9, 2000). Executive                                          ■ 1. The authority citation for part 180
                                              import tolerance or tolerance exemption                                      Order 13175, requires EPA to develop                                         continues to read as follows:
                                              revocation to adversely affect a                                             an accountable process to ensure
                                                                                                                           ‘‘meaningful and timely input by tribal                                          Authority: 21 U.S.C. 321(q), 346a and 371.
                                              significant number of small entity
                                              importers, and that there is a negligible                                    officials in the development of                                              § 180.108          [Amended]
                                              joint probability of all eight conditions                                    regulatory policies that have tribal
                                                                                                                           implications.’’ ‘‘Policies that have tribal                                  ■  2. In § 180.108, remove the entries for
                                              holding simultaneously with respect to                                                                                                                    ‘‘Bean, succulent’’ from the tables in
                                              any particular revocation. (This Agency                                      implications’’ is defined in the
                                                                                                                           Executive order to include regulations                                       paragraphs (a)(1) and (3).
                                              document is available in the docket of
                                              the proposed rule.) Furthermore, for the                                     that have ‘‘substantial direct effects on                                    §§ 180.121, 180.154, 180.232, 180.257, and
                                              pesticides named in this final rule, the                                     one or more Indian tribes, on the                                            180.263 [Removed]
                                              Agency knows of no extraordinary                                             relationship between the Federal
                                                                                                                           Government and the Indian tribes, or on                                      ■ 3. Remove §§ 180.121, 180.154,
                                              circumstances that exist as to the                                                                                                                        180.232, 180.257, and 180.263.
                                              present revocations that would change                                        the distribution of power and
                                              EPA’s previous analysis. In addition, the                                    responsibilities between the Federal                                         § 180.269          [Amended]
                                              Agency has determined that this action                                       Government and Indian tribes.’’ This
                                                                                                                           rule will not have substantial direct                                        ■  4. In § 180.269, remove the entries for
                                              will not have a substantial direct effect                                                                                                                 ‘‘Sorghum, grain, bran,’’ ‘‘Sorghum,
                                              on States, on the relationship between                                       effects on tribal governments, on the
                                                                                                                           relationship between the Federal                                             grain, grain,’’ and ‘‘Sorghum, grain,
                                              the national government and the States,                                                                                                                   stover,’’ from the table in paragraph (a).
                                              or on the distribution of power and                                          Government and Indian tribes, or on the
                                                                                                                           distribution of power and                                                    §§ 180.311 and 180.315                [Removed]
                                              responsibilities among the various
                                                                                                                           responsibilities between the Federal
                                              levels of government, as specified in                                                                                                                     ■ 5. Remove §§ 180.311 and 180.315.
                                                                                                                           Government and Indian tribes, as
                                              Executive Order 13132, entitled                                                                                                                           ■ 6. In § 180.370, revise the table in
                                                                                                                           specified in Executive Order 13175.
                                              ‘‘Federalism’’ (64 FR 43255, August 10,                                                                                                                   paragraph (a) to read as follows:
                                                                                                                           Thus, Executive Order 13175 does not
                                              1999). Executive Order 13132 requires
                                                                                                                           apply to this action.                                                        § 180.370 5-Ethoxy-3-(trichloromethyl)-
                                              EPA to develop an accountable process
                                              to ensure ‘‘meaningful and timely input                                      V. Congressional Review Act                                                  1,2,4-thiadiazole; tolerances for residues.
                                              by State and local officials in the                                            Pursuant to the Congressional Review                                           (a) * * *
                                              development of regulatory policies that                                      Act (5 U.S.C. 801 et seq.), EPA will
                                              have federalism implications.’’ ‘‘Policies                                                                                                                                                                   Parts per
                                                                                                                           submit a report containing this rule and                                                      Commodity                          million
                                              that have federalism implications’’ is                                       other required information to the U.S.
                                              defined in the Executive order to                                            Senate, the U.S. House of                                                     Cotton, gin byproducts .............                     0.1
                                              include regulations that have                                                Representatives, and the Comptroller                                          Cotton, undelinted seed ...........                      0.1
                                              ‘‘substantial direct effects on the States,                                  General of the United States prior to                                         Tomato ......................................           0.15
                                              on the relationship between the national                                     publication of the rule in the Federal
                                              government and the States, or on the                                         Register. This action is not a ‘‘major                                       *     *     *     *     *
                                              distribution of power and                                                    rule’’ as defined by 5 U.S.C. 804(2).                                        ■ 7. In § 180.421, revise the table in
                                              responsibilities among the various                                                                                                                        paragraph (a) to read as follows:
                                              levels of government.’’ This final rule                                      List of Subjects in 40 CFR Part 180
                                              directly regulates growers, food                                               Environmental protection,                                                  § 180.421 Fenarimol; tolerances for
                                              processors, food handlers, and food                                          Administrative practice and procedure,                                       residues.
                                              retailers, not States. This action does not                                  Agricultural commodities, Pesticides                                             (a) * * *

                                                                                                                                                                                                                                                         Expiration/
                                                                                                                                                                                                                                 Parts per
                                                                                                                            Commodity                                                                                                                    revocation
                                                                                                                                                                                                                                  million                   date

                                              Apple ........................................................................................................................................................................                 0.3              7/31/16
                                              Apple, wet pomace ..................................................................................................................................................                           0.3              7/31/16
                                              Banana 1 ..................................................................................................................................................................                   0.25                None
                                              Cattle, fat .................................................................................................................................................................                 0.01              7/31/16
                                              Cattle, kidney ...........................................................................................................................................................                    0.01              7/31/16
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                                              Cattle, meat .............................................................................................................................................................                    0.01              7/31/16
                                              Cattle, meat byproducts, except kidney ..................................................................................................................                                     0.05              7/31/16
                                              Cherry, sweet ...........................................................................................................................................................                      1.0              7/31/16
                                              Cherry, tart ...............................................................................................................................................................                   1.0              7/31/16
                                              Goat, fat ...................................................................................................................................................................                 0.01              7/31/16
                                              Goat, kidney .............................................................................................................................................................                    0.01              7/31/16
                                              Goat, meat ...............................................................................................................................................................                    0.01              7/31/16



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                                              34906                     Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations

                                                                                                                                                                                                                                             Expiration/
                                                                                                                                                                                                                               Parts per
                                                                                                                            Commodity                                                                                                        revocation
                                                                                                                                                                                                                                million         date

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


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

                                                                                                                                                                                                                                             Expiration/
                                                                                                                                                                                                                               Parts per
                                                                                                                            Commodity                                                                                                        revocation
                                                                                                                                                                                                                                million         date

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



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

                                                                                                                                                                                                                                             Expiration/
                                                                                                                                                                                                                               Parts per
                                                                                                                            Commodity                                                                                                        revocation
                                                                                                                                                                                                                                million         date

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


                                                  (2) * * *




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                                                                        Federal Register / Vol. 81, No. 105 / Wednesday, June 1, 2016 / Rules and Regulations                                                                                           34907

                                                                                                                                                                                                                                                    Expiration/
                                                                                                                                                                                                                                    Parts per
                                                                                                                            Commodity                                                                                                               revocation
                                                                                                                                                                                                                                     million           date

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



                                              *        *          *         *         *                                         (c) * * *

                                                                                                                                                                                                                                                    Expiration/
                                                                                                                                                                                                                                    Parts per
                                                                                                                            Commodity                                                                                                               revocation
                                                                                                                                                                                                                                     million           date

                                              Canola, seed ............................................................................................................................................................               0.50          12/31/18



                                              *     *     *    *      *                                                                                                              Parts per            §§ 180.1200, 180.1201, 180.1221, 180.1241,
                                                                                                                                            Commodity                                                     and 180.1256 [Removed]
                                              ■ 12. In § 180.594, revise the table in                                                                                                 million
                                              paragraph (a) to read as follows:                                                                                                                           ■ 15. Remove §§ 180.1200, 180.1201,
                                                                                                                            Peach subgroup 12–12C 1 .......                                   0.05
                                              § 180.594 Thiacloprid; tolerances for                                         Pepper 1 ....................................                       1.0       180.1221, 180.1241, and 180.1256.
                                              residues.                                                                     Sheep, fat 1 ...............................                     0.020        ■ 16. Revise § 180.1275 to read as
                                                                                                                            Sheep, kidney 1 .........................                        0.050
                                                  (a) * * *                                                                 Sheep, liver 1 ............................                       0.15        follows:
                                                                                                                            Sheep, meat 1 ...........................                        0.030
                                                                                                       Parts per                                                                                          § 180.1275 Pythium oligandrum DV 74;
                                                              Commodity                                                     Sheep, meat byproducts 1 ........                                0.050
                                                                                                        million                                                                                           exemption from the requirement of a
                                                                                                                              1 There are no U.S. registrations for the                                   tolerance.
                                              Apple, wet pomace 1 .................                             0.60        commodity since August 6, 2014.
                                              Cattle, fat 1 ................................                   0.020                                                                                        An exemption from the requirement
                                              Cattle, kidney 1 ..........................                      0.050
                                                                                                                            *         *         *         *         *                                     of a tolerance is established on all food/
                                              Cattle, liver 1 .............................                     0.15        §§ 180.630, 180.642, 180.1107, 180.1108,                                      feed commodities for residues of
                                              Cattle, meat 1 ............................                      0.030        180.1113, 180.1131, 180.1144, and                                             Pythium oligandrum DV 74 when the
                                              Cattle, meat byproducts 1 .........                              0.050        180.1154 [Removed]                                                            pesticide is used on food crops.
                                              Cherry subgroup 12–12A 1 .......                                    0.5
                                              Cotton, gin byproducts 1 ...........                              11.0        ■ 13. Remove §§ 180.630, 180.642,                                             § 180.1279             [Removed]
                                              Cotton, undelinted seed 1 .........                              0.020        180.1107, 180.1108, 180.1113, 180.1131,
                                              Fruit, pome, group 11 1 .............                             0.30        180.1144, and 180.1154.                                                       ■   17. Remove § 180.1279.
                                              Goat, fat 1 ..................................                   0.020                                                                                      [FR Doc. 2016–12723 Filed 5–31–16; 8:45 am]
                                              Goat, kidney 1 ...........................                       0.050        ■ 14. Revise § 180.1180 to read as
                                              Goat, liver 1 ...............................                     0.15                                                                                      BILLING CODE 6560–50–P
                                                                                                                            follows:
                                              Goat, meat 1 ..............................                      0.030
                                                                                                                            § 180.1180 Kaolin; exemption from the
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                                              Goat, meat byproducts 1 ...........                              0.050
                                              Horse, fat 1 ................................                    0.020        requirement of a tolerance.
                                              Horse, kidney 1 .........................                        0.050
                                              Horse, liver 1 .............................                      0.15
                                                                                                                              Kaolin is exempted from the
                                              Horse, meat 1 ............................                       0.030        requirement of a tolerance for residues
                                              Horse, meat byproducts 1 .........                               0.050        when used on or in food commodities
                                              Milk 1 .........................................                 0.030        to aid in the control of insects, fungi,
                                              Peach subgroup 12–12B 1 ........                                    0.5       and bacteria (food/feed use).


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Document Created: 2018-02-08 07:27:03
Document Modified: 2018-02-08 07:27:03
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 November 28, 2016. Objections and requests for hearings must be received on or before August 1, 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 Citation81 FR 34902 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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