82_FR_42704 82 FR 42531 - Aluminum tris (O-ethylphosphonate), Carbon disulfide, p-Chlorophenoxyacetic acid, Cyromazine, Dichlobenil, et al.; Proposed Tolerance and Tolerance Exemption Actions

82 FR 42531 - Aluminum tris (O-ethylphosphonate), Carbon disulfide, p-Chlorophenoxyacetic acid, Cyromazine, Dichlobenil, et al.; Proposed Tolerance and Tolerance Exemption Actions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 173 (September 8, 2017)

Page Range42531-42539
FR Document2017-18780

EPA is proposing to revoke certain tolerances for aluminum tris (O-ethylphosphonate), carbon disulfide, cyromazine, dichlobenil, isoxaben, oxydemeton-methyl, propachlor, sulfentrazone, and thiodicarb, and a tolerance exemption for d-limonene. Also, EPA is proposing to modify certain tolerances for aluminum tris (O-ethylphosphonate) and cyromazine, and to establish new tolerances for aluminum tris (O- ethylphosphonate), cyromazine, dichlobenil, isoxaben, and sulfentrazone, and new tolerance exemptions for d-limonene and tartrazine. In addition, EPA is proposing to revise the tolerance expressions for p-chlorophenoxyacetic acid and dichlobenil, remove expired tolerances for disulfoton, correct the listing of a tolerance for thiacloprid, and correct the listing of significant figures for certain existing tolerances of specific pesticide active ingredients.

Federal Register, Volume 82 Issue 173 (Friday, September 8, 2017)
[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Proposed Rules]
[Pages 42531-42539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18780]



[[Page 42531]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0128; FRL-9963-03]
RIN 2070-ZA16


Aluminum tris (O-ethylphosphonate), Carbon disulfide, p-
Chlorophenoxyacetic acid, Cyromazine, Dichlobenil, et al.; Proposed 
Tolerance and Tolerance Exemption Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke certain tolerances for aluminum 
tris (O-ethylphosphonate), carbon disulfide, cyromazine, dichlobenil, 
isoxaben, oxydemeton-methyl, propachlor, sulfentrazone, and thiodicarb, 
and a tolerance exemption for d-limonene. Also, EPA is proposing to 
modify certain tolerances for aluminum tris (O-ethylphosphonate) and 
cyromazine, and to establish new tolerances for aluminum tris (O-
ethylphosphonate), cyromazine, dichlobenil, isoxaben, and 
sulfentrazone, and new tolerance exemptions for d-limonene and 
tartrazine. In addition, EPA is proposing to revise the tolerance 
expressions for p-chlorophenoxyacetic acid and dichlobenil, remove 
expired tolerances for disulfoton, correct the listing of a tolerance 
for thiacloprid, and correct the listing of significant figures for 
certain existing tolerances of specific pesticide active ingredients.

DATES: Comments must be received on or before November 7, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2017-0128, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-8037; email address: 
[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. What should I consider as I prepare my comments for EPA?

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

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

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

II. Background

A. What action is the Agency taking?

    EPA is proposing, in follow-up to canceled product registrations or 
uses, to revoke certain tolerances for carbon disulfide (degradate of 
sodium tetrathiocarbonate), dichlobenil, oxydemeton-methyl, propachlor, 
and thiodicarb; and to revoke a tolerance exemption for insecticidal 
uses of d-limonene in 40 CFR part 180 subpart C (for tolerances) and 
concomitantly establish two tolerance exemptions to cover both the 
existing insecticidal and herbicidal uses of d-limonene in 40 CFR part 
180 subpart D (for exemptions).
    As part of registration review, EPA will harmonize U.S. tolerances 
with international Maximum Residue Limits (MRLs) where possible. 
Therefore, EPA is proposing to modify certain tolerances for aluminum 
tris (O-ethylphosphonate) and cyromazine for harmonization purposes.
    In a series of planned crop group updates, EPA has revised crop 
groupings to promote the greater use of crop groupings for tolerance-
setting purposes and, in particular, to assist in making available 
lower risk pesticides for minor crops. EPA plans to eventually convert 
tolerances for any pre-existing crop group to tolerances with coverage 
under the revised crop group. This conversion will occur through the 
registration review process

[[Page 42532]]

and in the course of evaluating new uses for a pesticide registration. 
Consequently, the Agency is proposing to update crop groupings or 
subgroupings for aluminum tris (O-ethylphosphonate), cyromazine, 
isoxaben, and sulfentrazone.
    Also, EPA is proposing to modify certain tolerances for aluminum 
tris (O-ethylphosphonate) and cyromazine, and to establish a cherry 
tolerance for dichlobenil (concomitant with a proposed revocation of a 
stone fruit group tolerance that is no longer needed), and a new 
tolerance exemption for tartrazine. In addition, EPA is proposing to 
revise the tolerance expressions for p-chlorophenoxyacetic acid (to 
remove a metabolite that is not considered to be a risk concern and to 
revise it in accordance with current Agency practice) and dichlobenil 
(to revise it in accordance with current Agency practice), remove 
expired tolerances for disulfoton, correct the listing of a tolerance 
for thiacloprid, and correct the listing of significant figures for 
certain existing tolerances of specific pesticide active ingredients.
    Detailed explanations for proposed modifications or establishments 
of tolerances or tolerance exemptions, or tolerance expression changes 
other than minor revisions in accordance with current Agency practice, 
can be found in the Human Health Risk Assessment for Registration 
Review and the Interim Registration Review Decision for the following: 
aluminum tris (O-ethylphosphonate), also known as fosetyl-Al, in docket 
EPA-HQ-OPP-2007-0379, p-chlorophenoxyacetic acid in docket EPA-HQ-OPP-
2014-0544 and the p-Chlorophenoxyacetic Acid Product Chemistry and 
Residue Chemistry Chapter for the Registration Eligibility Decision 
(RED) is available in docket EPA-HQ-OPP-2006-0036, cyromazine in docket 
EPA-HQ-OPP-2006-0108, isoxaben in docket EPA-HQ-OPP-2007-1038, d-
limonene in docket EPA-HQ-OPP-2010-0673, sulfentrazone in docket EPA-
HQ-OPP-2009-0624, and tartrazine, which is a component of aquashade 
(see aquashade in docket EPA-HQ-OPP-2015-0639), available through EPA's 
electronic docket and comment system, regulations.gov at http://www.regulations.gov.
    The selection of an individual tolerance level is based on crop 
field residue studies designed to produce the maximum residues under 
the existing or proposed product label. Generally, the level selected 
for a tolerance is a value slightly above the maximum residue found in 
such studies, provided that the tolerance is safe. The evaluation of 
whether a tolerance is safe is a separate inquiry. EPA favors raising a 
tolerance when data show that:
    1. Lawful use (sometimes through a label change) may result in a 
higher residue level on the commodity; and
    2. The tolerance remains safe, notwithstanding increased residue 
level allowed under the tolerance.
    EPA also seeks to harmonize tolerances with international standards 
set by the Codex Alimentarius Commission, as described in Unit III.
    EPA has found that the tolerances that are proposed in this 
document to be modified, are safe; i.e., that there is a reasonable 
certainty that no harm will result to infants and children from 
aggregate exposure to the pesticide chemical residues, in accordance 
with FFDCA section 408(b)(2)(C). (Note that changes to tolerance 
nomenclature do not constitute modifications of tolerances). These 
findings are discussed in detail in each Human Health Risk Assessment 
for Registration Review.
    Also, in accordance with current Agency practice to describe more 
clearly the measurement of residues for tolerances and coverage of 
metabolites and degradates of a pesticide by the tolerances, EPA is 
proposing to make minor revisions to the introductory text for 
dichlobenil. The revisions to the tolerance expression do not 
substantively change the tolerance or, in any way, modify the 
permissible level of residues permitted by the tolerances.
    In addition, EPA is proposing to revoke certain specific tolerances 
because either they are no longer needed or are associated with food 
uses that are no longer registered under FIFRA. Those instances where 
registrations were canceled were because the registrant failed to pay 
the required maintenance fee and/or the registrant voluntarily 
requested cancellation of one or more registered uses of the pesticide. 
It is EPA's general practice to propose revocation of those tolerances 
for residues of pesticide active ingredients on crop uses for which 
there are no active registrations under FIFRA, unless any person in 
comments on the proposal indicates a need for the tolerance to cover 
residues in or on imported commodities or legally treated domestic 
commodities.
    1. Aluminum tris (O-ethylphosphonate). EPA on its own initiative, 
under FFDCA section 408(e), 21 U.S.C. 346a(e), is proposing to 
establish tolerances in 40 CFR 180.415(a) for aluminum tris (O-
ethylphosphonate), also known as fosetyl-Al, residues in or on 
bushberry subgroup 13-07B at 40 ppm and fruit, pome, group 11-10 at 10 
ppm concomitant with the revocation of the tolerances on bushberry 
subgroup 13B at 40 ppm and fruit, pome, group 11 at 10 ppm. Also, based 
on available residue data, the Agency determined that harmonization 
with Canadian MRLs for tolerances on caneberries, citrus fruit, and 
ginseng is possible. Therefore, based on its own initiative, the Agency 
is proposing to establish tolerances in 40 CFR 180.415(a) for aluminum 
tris (O-ethylphosphonate) residues in or on caneberry subgroup 13-07A 
at 0.05 ppm to harmonize with Canadian MRLs, and in or on fruit, 
citrus, group 10-10 at 9.0 ppm to harmonize with Canadian MRLs, 
concomitant with the revocation of the tolerances on caneberry subgroup 
13A at 0.1 ppm and fruit, citrus, group 10 at 5.0 ppm. In addition, EPA 
is proposing to decrease the tolerance in 40 CFR 180.415(a) on ginseng 
from 0.1 to 0.05 ppm to harmonize with the Canadian MRL.
    Also, in accordance with current Agency practice to list 
significant figures for tolerance values, EPA is proposing to list 
existing tolerances in 180.415(a) for pineapple at 0.10 ppm, pea, 
succulent at 0.30 ppm, onion, bulb at 0.50 ppm, tomato at 3.0 ppm, and 
onion, green at 10 ppm.
    2. Carbon disulfide. Carbon disulfide is a degradate of sodium 
tetrathiocarbonate. In the Federal Register notice of November 10, 2010 
(75 FR 69073) (FRL-8851-5), EPA announced its receipt of voluntary 
requests by registrants to cancel certain registrations, including the 
last sodium tetrathiocarbonate products registered for use on specific 
food commodities (almond, grape, grapefruit, lemon, orange, peach, 
plum, and prune) in the United States. In the Federal Register notice 
of February 25, 2011 (76 FR 10587) (FRL-8863-4), EPA published a 
cancellation order in follow-up to the November 10, 2010 notice and 
granted the requested product cancellations for sodium 
tetrathiocarbonate. EPA permitted the registrant to sell and distribute 
existing stocks of those sodium tetrathiocarbonate products until 
February 25, 2012 and persons other than the registrant to sell, 
distribute, and use existing stocks until supplies are exhausted. EPA 
believes that existing stocks are exhausted; i.e., more than 4 years 
after the registrant was no longer permitted to sell and distribute 
them, and therefore the tolerances for them are no longer needed and 
should be revoked. Consequently, EPA is proposing to revoke the 
tolerances in 40 CFR 180.467 for residues of carbon disulfide from the

[[Page 42533]]

application of sodium tetrathiocarbonate in or on almond; almond, 
hulls; grape; grapefruit; lemon; orange, sweet; peach; and plum, prune, 
fresh.
    3. p-Chlorophenoxyacetic acid (p-CPA or 4-CPA). In the 1997 RED for 
4-CPA and the 1994 p-Chlorophenoxyacetic Acid Product Chemistry and 
Residue Chemistry Chapter for the RED, the Agency recommended approval 
of a registrant petition for the elimination of the metabolite p-
chlorophenol from the tolerance expression, as it was not considered a 
metabolite of risk concern. Therefore, EPA is proposing in 40 CFR 
180.202 to revise the introductory text (remove the metabolite p-
chlorophenol from the tolerance expression) and also revise it in 
accordance with current Agency practice to describe more clearly the 
measurement and scope or coverage of tolerances to read as set out in 
the proposed regulatory text at the end of this document.
    4. Cyromazine. The U.S. regulates residues of cyromazine on 
cyromazine only, which is not in harmony with the tolerance expression 
in Canada, which includes melamine, a metabolite of cyromazine. In the 
Federal Register of May 4, 2000 (65 FR 25857) (FRL-6556-3), EPA removed 
melamine from the U.S. tolerance expression for cyromazine since the 
Agency no longer considered melamine to be a residue of concern. EPA 
does not have any toxicological concerns for melamine that could result 
from the use of the pesticide cyromazine. In addition, the acute and 
chronic dietary risk assessments, and aggregate risk assessment for the 
registration review of cyromazine do not exceed the Agency's level of 
concern. The Agency determined that specific cyromazine tolerances 
increased for international harmonization are safe; i.e., there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue. Therefore, EPA has determined that 
it is appropriate to numerically harmonize certain U.S. tolerances with 
international MRLs that are higher. On its own initiative, under FFDCA 
section 408(e), 21 U.S.C. 346a(e), in order to harmonize with the level 
of Canadian MRLs for cyromazine, EPA is proposing to increase 
tolerances in 40 CFR 180.414(a)(1) for cyromazine residues in or on 
mushroom from 1.0 to 8.0 ppm, pepper from 1.0 to 3.0 ppm, tomato from 
0.5 to 1.0 ppm, vegetable, brassica, leafy, group 5, except broccoli 
from 10.0 to 35 ppm, vegetable, leafy, except brassica, group 4 from 
7.0 to 10 ppm, and milk from 0.05 to 0.10 ppm; and revoke the tolerance 
on onion, bulb at 0.2 ppm and concomitantly establish a tolerance on 
onion, bulb, subgroup 3-07A at 0.30 ppm.
    Also, EPA on its own initiative, under FFDCA section 408(e), 21 
U.S.C. 346a(e), in order to harmonize with certain higher Codex MRLs 
(defined as cyromazine residues), believes the tolerances in 40 CFR 
180.414(a)(1) for cyromazine residues in or on ``kidney'' of cattle, 
goats, hogs, horses, and sheep should be increased from 0.2 to 0.30 
ppm; and ``meat byproducts, except kidney'' of cattle, goats, hogs, 
horses, and sheep should be increased from 0.05 to 0.30 ppm. Because 
tolerances for ``kidney'' and ``meat byproducts, except kidney'' for 
cattle, goats, hogs, horses, and sheep would be revised to the same 
tolerance levels at 0.30 ppm, EPA is proposing to revoke the existing 
tolerances in 40 CFR 180.414(a)(1) for cyromazine residues in or on 
cattle, kidney; goat, kidney; hog, kidney; horse, kidney; sheep, 
kidney; cattle, meat byproducts, except kidney; goat, meat byproducts, 
except kidney; hog, meat byproducts, except kidney; horse, meat 
byproducts, except kidney; and sheep, meat byproducts, except kidney 
and to concomitantly establish tolerances at 0.30 ppm for cattle, meat 
byproducts; goat, meat byproducts; hog, meat byproducts; horse, meat 
byproducts; and sheep, meat byproducts.
    In addition, EPA on its own initiative, under FFDCA section 408(e), 
21 U.S.C. 346a(e), in order to harmonize with Codex MRLs, is proposing 
to increase tolerances in 40 CFR 180.414(a)(1) for cyromazine residues 
in or on egg from 0.25 to 0.30 ppm; cattle, meat; goat, meat; hog, 
meat; horse, meat; and sheep, meat from 0.05 to 0.30 ppm; mango from 
0.3 to 0.50 ppm; poultry, meat (from chicken layer hens and chicken 
breeder hens only) from 0.05 to 0.10 ppm; poultry, meat byproducts 
(from chicken layer hens and chicken breeder hens only) from 0.05 to 
0.20 ppm; and vegetable, cucurbit, group 9 from 1.0 to 2.0 ppm.
    Also, registrations exist for use of cyromazine for fly control in 
mushroom compost and as a feed-through fly control agent for chicken 
manure, and such cyromazine-treated manure from chickens may be used as 
a soil fertilizer supplement. A greenhouse rotational crop study showed 
a maximum cyromazine residue level of 0.08 ppm in spring wheat straw 
from an application rate of 0.05 lb active ingredient (ai) per acre 
(A). Data from a magnitude of residue study in poultry excreta 
topically treated with cyromazine showed residues of 40 ppm in manure 
at day 24. At 40 ppm (40 mg ai/kg manure or 18.2 mg ai/pound (lb) 
manure), the maximum label application rate of 4 tons treated manure 
per acre (8000 lb manure/A) is calculated to result in residues of 
cyromazine of 0.15 kg ai/A or 0.33 lb ai/A, which is 7X (0.33 lb ai/A 
vs. 0.05 lb ai/A) the rate used in the greenhouse study. Therefore, to 
support current registrations, the Agency determined that at the 
maximum application rate, indirect or inadvertent residue tolerances at 
0.60 ppm (7 x 0.08 ppm) were needed for crops that do not have current 
tolerances established based on direct application of cyromazine. 
Consequently, EPA is proposing to re-designate 40 CFR 180.414(d) into 
Sec.  180.414(d)(1), establish Sec.  180.414(d)(2), and in newly 
designated 40 CFR 180.414(d)(2) to add introductory text and establish 
tolerances for indirect and inadvertent residues of cyromazine 
resulting from crops grown in soil amended with cyromazine treated 
fertilizer at 0.60 ppm for the following: grain, cereal, forage, fodder 
and straw, group 16; grain, cereal, group 15; herbs and spices, group 
19; oilseed, group 20; onion, bulb, subgroup 3-07A; strawberry; 
vegetable, foliage of legume, group 7; vegetable, fruiting, group 8-10; 
vegetable, leaves of root and tuber, group 2; vegetable, legume, group 
6; and vegetable, root and tuber, group 1.
    Also, in accordance with current Agency practice to list 
significant figures for tolerance values, EPA is proposing to list 
existing tolerances in 40 CFR 180.414(a)(1) for garlic; garlic, great-
headed, bulb; rakkyo, bulb; and shallot, bulb at 0.20 ppm, potato at 
0.80 ppm, and cabbage, abyssinian; cabbage, seakale; hanover salad, 
leaves; and turnip, greens at 10 ppm, and tolerances in newly 
designated 40 CFR 180.414(d)(1) for cotton, undelinted seed at 0.10 
ppm, and corn, sweet, kernel plus cob with husks removed; corn, sweet, 
forage; corn, sweet, stover; radish, roots; and radish, tops at 0.50 
ppm.
    5. Dichlobenil. Cherry is the only registered stone fruit for 
dichlobenil since 1995, and therefore, with the exception of a need for 
a tolerance to cover cherry, the crop group tolerance for stone fruit 
is no longer needed and should be revoked. Consequently, in 40 CFR 
180.231 for dichlobenil residues of concern, EPA is proposing to revoke 
the tolerance on fruit, stone, group 12 at 0.15 ppm and to 
concomitantly establish a tolerance on cherry at 0.15 ppm.
    In accordance with current Agency practice to describe more clearly 
the measurement and scope or coverage of tolerances, EPA is proposing 
to revise

[[Page 42534]]

the introductory text in 40 CFR 180.231(a) to read as set out in the 
proposed regulatory text at the end of this document. Also, in 
accordance with current Agency practice to list significant figures for 
tolerance values, EPA is proposing to list existing tolerances in Sec.  
180.231(a) for cranberry and hazelnut at 0.10 ppm, and apple and pear 
at 0.50 ppm.
    6. Disulfoton. Because the tolerances in 40 CFR 180.183 for 
disulfoton residues of concern all expired from December 31, 2013 to 
December 31, 2014, EPA is proposing to remove that section in its 
entirety.
    7. Isoxaben. EPA on its own initiative, under FFDCA section 408(e), 
21. U.S.C. 346a(e), is proposing to establish a tolerance in 40 CFR 
180.650(a) for isoxaben residues in or on nut, tree, group 14-12 at 
0.02 ppm. The Agency is also proposing to revoke the existing 
tolerances in 40 CFR 180.650(a) for nut, tree, group 14 at 0.02 ppm and 
pistachio at 0.02 ppm since they will be superseded by the newly 
established tolerance.
    8. d-Limonene. Currently, under 40 CFR 180.539, subpart C (the 
subpart for specific tolerances), a tolerance exemption for d-limonene 
exists when used in insect-repellent tablecloths and in insect-
repellent strips in food- or feed-handling establishments. Although 
there are no active registrations in the U.S. for those d-limonene 
uses, there are active registrations for d-limonene uses as an 
insecticide in kitchens and pantries. As an active ingredient, it is 
also registered for food or feed crop uses as an herbicide. In order to 
support both the existing herbicidal and insecticidal uses of d-
limonene, the Agency determined that an exemption from the requirement 
of a tolerance should be established for each of them under 40 CFR part 
180, subpart D, the subpart for exemptions from tolerances. Therefore, 
EPA is proposing to establish two tolerance exemptions under 40 CFR 
part 180, subpart D, in newly designated Sec.  180.1342, to cover both 
registered uses of d-limonene concomitant with the revocation of the 
tolerance exemption in 40 CFR 180.539, in subpart C, by removing that 
section in its entirety.
    9. Oxydemeton-methyl (S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl 
phosphorothioate). In the Federal Register notice of February 20, 2013 
(78 FR 11881) (FRL-9378-9), EPA announced its receipt of voluntary 
requests by registrants to cancel certain registrations, including the 
last oxydemeton-methyl products registered for use on food commodities 
in the United States. In the Federal Register notice of May 1, 2013 (78 
FR 25438) (FRL-9384-7), EPA published a cancellation order in follow-up 
to the February 20, 2013 notice and granted the requested product 
cancellations for oxydemeton methyl. EPA permitted the registrant to 
sell and distribute existing stocks of those oxydemeton methyl products 
until December 31, 2014 and persons other than the registrant to sell 
and distribute until December 31, 2016, and end users to use existing 
stocks until supplies are exhausted. EPA believes that existing stocks 
are likely to be exhausted by December 31, 2017. Therefore, EPA is 
proposing to revoke the tolerances in 40 CFR 180.330(a)(1) for 
oxydemeton-methyl residues of concern in or on alfalfa, forage; 
alfalfa, hay; bean, lima; beet, sugar, roots; beet, sugar, tops; 
broccoli; Brussels sprouts; cabbage; cauliflower; clover, forage; 
clover, hay; corn, sweet, forage; corn, sweet, kernel plus cob with 
husks removed; corn, sweet, stover; cotton, undelinted seed; cucumber; 
eggplant; grapefruit; hazelnut; lemon; lettuce, head; melon; onion, 
bulb; orange; pepper; peppermint, tops; pumpkin; safflower, seed; 
sorghum, forage, forage; sorghum, grain, forage; sorghum, grain, grain; 
spearmint, tops; squash, summer; squash, winter; strawberry; and 
walnut; in 40 CFR 180.330(a)(2) for cattle, fat; cattle, meat; cattle, 
meat byproducts; egg; goat, fat; goat, meat; goat, meat byproducts; 
hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; 
horse, meat byproducts; milk; poultry, fat; poultry, meat; poultry, 
meat byproducts; sheep, fat; sheep, meat; and sheep, meat byproducts; 
and in 40 CFR 180.330(c) for broccoli raab; each with an expiration/
revocation date of December 31, 2017.
    Also, in accordance with current Agency practice to list 
significant figures for tolerance values, EPA is proposing to list 
existing tolerances in Sec.  180.330(a)(1) for bean, lima; melon; and 
pumpkin at 0.20 ppm, beet, sugar, roots and squash, winter at 0.30 ppm, 
and beet, sugar, tops and corn, sweet, kernel plus cob with husks 
removed at 0.50 ppm, and alfalfa, hay at 11 ppm.
    10. Propachlor. Because there have been no active propachlor 
registrations for over 5 years, there is no longer a need for the 
tolerances. Therefore, the propachlor tolerances should be revoked. 
Consequently, EPA is proposing to revoke the tolerances in 40 CFR 
180.211(a) for propachlor residues of concern in or on cattle, fat; 
cattle, kidney; cattle, meat; cattle, meat byproducts, except kidney; 
corn, field, forage; corn, field, grain; corn, field, stover; corn, 
sweet, forage; goat, fat; goat, kidney; goat, meat; goat, meat 
byproducts, except kidney; hog, fat; hog, meat; hog, meat byproducts; 
horse, fat; horse, kidney; horse, meat; horse, meat byproducts, except 
kidney; milk; sheep, fat; sheep, kidney; sheep, meat; sheep, meat 
byproducts, except kidney; sorghum, forage, forage; sorghum, grain, 
forage; sorghum, grain, grain; and sorghum, grain, stover.
    11. Sulfentrazone. As described previously in Unit II of this 
document, regarding crop group updates, EPA on its own initiative, 
under FFDCA section 408(e), 21. U.S.C. 346a(e), is proposing to 
establish a tolerance in 40 CFR 180.498(a)(2) for sulfentrazone 
residues of concern in or on nut, tree, group 14-12 at 0.15 ppm. The 
Agency is also proposing to revoke the existing tolerances in 40 CFR 
180.498(a)(2) for nut, tree, group 14 at 0.15 ppm and pistachio at 0.15 
ppm since they will be superseded by the newly established tolerance. 
Also, in order to conform to current Agency practice, EPA is proposing 
in 40 CFR 180.498(a)(2) to revise the commodity terminology for 
``flax'' to ``flax, seed.'' In addition, in accordance with current 
Agency practice to list significant figures for tolerance values, EPA 
is proposing to list existing tolerances for indirect or inadvertent 
residues in 40 CFR 180.498(d) for grain, cereal, forage, fodder and 
straw, group 16, except sweet corn; stover; and grain, cereal, group 
15, except sweet corn at 0.10 ppm; grain, cereal, forage, fodder and 
straw, group 16, except sweet corn; forage; and grain, cereal, forage, 
fodder and straw, group 16, except sweet corn; hay at 0.20 ppm; and 
grain, cereal, forage, fodder and straw, group 16, except sweet corn; 
straw at 0.60 ppm.
    12. Tartrazine. In order to support existing registrations for 
tartrazine, a dye also known as F.D.&C. Yellow No. 5 or Acid Yellow 23, 
when used as an aquatic plant control agent, EPA recommended (in the 
2005 RED for Aquashade) that an exemption from the requirement of a 
tolerance should be established since treated water may be used for 
irrigation of crops, livestock watering, and fishing. Therefore, EPA is 
proposing to establish an exemption from a tolerance for tartrazine 
when used as an aquatic plant control agent under 40 CFR part 180, 
subpart D, in newly designated Sec.  180.1343.
    13. Thiacloprid. In the Federal Register proposed and final rules 
of July 22, 2015 (80 FR 43373) (FRL-9929-12) and June 1, 2016 (81 FR 
34902) (FRL-9943-73), EPA inadvertently revised the listing for the 
tolerance at 0.05 ppm in 40 CFR 180.594(a) from Plum subgroup 12-12C to 
Peach subgroup 12-12C. Consequently, EPA is proposing in 40 CFR 
180.594(a) to correct the listing for

[[Page 42535]]

the tolerance as Plum subgroup 12-12C at 0.05 ppm.
    14. Thiodicarb. In the Federal Register of October 17, 2014 (79 FR 
62439) (FRL-9916-78), among other actions requested, EPA announced 
receipt of request from the registrant to amend the sole technical 
registration to delete the last uses of thiodicarb for broccoli, 
cabbage, cauliflower, sweet corn, and leafy vegetables. EPA approved 
the use deletions effective November 17, 2014 since the registrant did 
not withdraw the request and there were no significant public comments. 
Previously, the last end-use registrations of thiodicarb for broccoli, 
cabbage, cauliflower, sweet corn, and leafy vegetables had been 
canceled, due to non-payment of the maintenance fee, in the Federal 
Register of June 26, 2013 (78 FR 38319) (FRL-9388-4), and permitted the 
registrant to sell and distribute existing stocks until January 15, 
2014. Therefore, EPA believes that existing stocks of end-use 
registrations for these thiodicarb uses were exhausted two to three 
years ago, and the tolerances are no longer needed. Consequently, EPA 
is proposing to revoke the tolerances in 40 CFR 180.407(a) for 
broccoli; cabbage; cauliflower; corn, sweet, kernel plus cob with husks 
removed; and vegetable, leafy, except brassica, group 4.

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

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

C. When do these actions become effective?

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

III. International Residue Limits

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

[[Page 42536]]

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 aluminum tris (O-
ethylphosphonate), carbon disulfide (degradate of sodium 
tetrathiocarbonate), p-chlorophenoxyacetic acid (p-CPA), isoxaben, d-
limonene, propachlor, sulfentrazone, tartrazine, thiodicarb, or 
dichlobenil in or on cherry.
    The Codex has established MRLs for cyromazine in or on [cucumber at 
2 mg/kg; edible offal (mammalian) and eggs at 0.3 mg/kg; mango at 0.5 
mg/kg; poultry meat at 0.1 mg/kg; and poultry, edible offal at 0.2 mg/
kg. These MRLs are currently different, but the same as certain 
proposed U.S. tolerances (to harmonize with Codex MRLs) for cyromazine 
in the United States.
    The Codex has established MRLs for oxydemeton-methyl in or on 
various commodities, including cauliflower and sugar beet at 0.01 mg/
kg; fat of cattle, poultry, and sheep, meat of cattle, hogs, sheep, and 
poultry, and cotton seed at 0.05 mg/kg; and lemon at 0.2 mg/kg. These 
MRLs are different than the tolerances, proposed for revocation, for 
oxydemeton-methyl in the United States because of differences in use 
patterns, and/or good agricultural practices.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish tolerances 
under FFDCA section 408(e), and also modify and revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted these types of actions (e.g., 
establishment and modification of a tolerance and tolerance revocation 
for which extraordinary circumstances do not exist) from review under 
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993). Because this proposed rule has been 
exempted from review under Executive Order 12866 due to its lack of 
significance, this proposed rule is not subject to Executive Order 
13211, entitled ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 
2001). This proposed rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), or impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act (UMRA) (2 U.S.C. 1501 et seq.). Nor does it require any 
special considerations as required by Executive Order 12898, entitled 
``Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations'' (59 FR 7629, February 16, 
1994); or OMB review or any other Agency action under Executive Order 
13045, entitled ``Protection of Children from Environmental Health 
Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This proposed 
rule does not involve any technical standards that would require Agency 
consideration of voluntary consensus standards pursuant to section 
12(d) of the National Technology Transfer and Advancement Act (NTTAA) 
(15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency previously assessed whether 
establishment of tolerances, exemptions from tolerances, raising of 
tolerance levels, expansion of exemptions, or revocations might 
significantly impact a substantial number of small entities and 
concluded that, as a general matter, these actions do not impose a 
significant economic impact on a substantial number of small entities. 
These analyses for tolerance establishments and modifications, and for 
tolerance revocations were published in the Federal Register of May 4, 
1981 (46 FR 24950) and December 17, 1997 (62 FR 66020) (FRL-5753-1), 
respectively, and were provided to the Chief Counsel for Advocacy of 
the Small Business Administration. Taking into account this analysis, 
and available information concerning the pesticides listed in this 
proposed rule, the Agency hereby certifies that this proposed rule will 
not have a significant negative economic impact on a substantial number 
of small entities. In a memorandum dated May 25, 2001, EPA determined 
that eight conditions must all be satisfied in order for an import 
tolerance or tolerance exemption revocation to adversely affect a 
significant number of small entity importers, and that there is a 
negligible joint probability of all eight conditions holding 
simultaneously with respect to any particular revocation. (This Agency 
document is available in the docket of this proposed rule). 
Furthermore, for the pesticides named in this proposed rule, the Agency 
knows of no extraordinary circumstances that exist as to the present 
proposed rule that would change EPA's previous analysis. Any comments 
about the Agency's determination should be submitted to the EPA along 
with comments on the proposed rule, and will be addressed prior to 
issuing a final rule. In addition, the Agency has determined that this 
proposed rule will not have a substantial direct effect on States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132, entitled 
``Federalism'' (64 FR 43255, August 10, 1999). Executive Order 13132 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' This proposed rule directly regulates 
growers, food processors, food handlers, and food retailers, not 
States. This proposed rule does not alter the relationships or 
distribution of power and responsibilities established by Congress in 
the preemption provisions of FFDCA section 408(n)(4). For these same 
reasons, the Agency has determined that this proposed rule does not 
have any ``tribal implications'' as described in Executive Order 13175, 
entitled ``Consultation and Coordination with Indian Tribal 
Governments'' (65 FR 67249, November 9, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on

[[Page 42537]]

the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' This proposed rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

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

    Dated: June 23, 2017.
Richard P. Keigwin, Jr.,
Acting Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

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

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


Sec.  180.183  [Removed]

0
2. Remove Sec.  180.183.
0
3. In Sec.  180.202, revise the introductory text in paragraph (a) to 
read as follows:


Sec.  180.202  p-Chlorophenoxyacetic acid; tolerances for residues.

    (a) General. A tolerance is established for residues of the plant 
regulator p-chlorophenoxyacetic acid, including its metabolites and 
degradates, in or on the commodity in the table in this paragraph (a). 
Compliance with the tolerance level specified in this paragraph (a) is 
to be determined by measuring only p-chlorophenoxyacetic acid, in or on 
the commodity.
* * * * *


Sec.  180.211  [Removed]

0
4. Remove Sec.  180.211.
0
5. In Sec.  180.231, revise paragraph (a) to read as follows:


Sec.  180.231  Dichlobenil; tolerances for residues.

    (a) General. Tolerances are established for residues of 
dichlobenil, including its metabolites and degradates, in or on the 
commodities in the table in this paragraph (a). Compliance with the 
tolerance levels specified in this paragraph (a) is to be determined by 
measuring only the sum of dichlobenil (2,6-dichlorobenzonitrile) and 
its BAM metabolite (2,6-dichlorobenzamide), calculated as the 
stoichiometric equivalent of dichlobenil, in or on the commodity.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Apple......................................................         0.50
Bushberry subgroup 13-07B..................................         0.15
Caneberry subgroup 13-07A..................................         0.10
Cherry.....................................................         0.15
Cranberry..................................................         0.10
Grape......................................................         0.15
Hazelnut...................................................         0.10
Pear.......................................................         0.50
Rhubarb....................................................         0.06
------------------------------------------------------------------------

* * * * *
0
6. In Sec.  180.330, revise the tables in paragraphs (a)(1), (a)(2), 
and (c) to read as follows:


Sec.  180.330  S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl 
phosphorothioate; tolerances for residues.

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

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Alfalfa, forage.........................             5.0        12/31/17
Alfalfa, hay............................              11        12/31/17
Bean, lima..............................            0.20        12/31/17
Beet, sugar, roots......................            0.30        12/31/17
Beet, sugar, tops.......................            0.50        12/31/17
Broccoli................................             1.0        12/31/17
Brussels sprouts........................             1.0        12/31/17
Cabbage.................................             2.0        12/31/17
Cauliflower.............................             1.0        12/31/17
Clover, forage..........................             5.0        12/31/17
Clover, hay.............................            10.0        12/31/17
Corn, sweet, forage.....................             1.0        12/31/17
Corn, sweet, kernel plus cob with husks             0.50        12/31/17
 removed................................
Corn, sweet, stover.....................             3.0        12/31/17
Cotton, undelinted seed.................            0.02        12/31/17
Cucumber................................             1.0        12/31/17
Eggplant................................             1.0        12/31/17
Grapefruit..............................             1.0        12/31/17
Hazelnut................................            0.05        12/31/17
Lemon...................................             1.0        12/31/17
Lettuce, head...........................             2.0        12/31/17
Melon...................................            0.20        12/31/17
Onion, bulb.............................            0.05        12/31/17
Orange..................................             1.0        12/31/17
Pepper..................................            0.75        12/31/17
Peppermint, tops........................            12.5        12/31/17
Pumpkin.................................            0.20        12/31/17
Safflower, seed.........................             1.0        12/31/17
Sorghum, forage, forage.................             2.0        12/31/17
Sorghum, grain, forage..................             2.0        12/31/17
Sorghum, grain, grain...................            0.75        12/31/17
Spearmint, tops.........................            12.5        12/31/17
Squash, summer..........................             1.0        12/31/17
Squash, winter..........................            0.30        12/31/17
Strawberry..............................             2.0        12/31/17
Walnut..................................            0.05        12/31/17
------------------------------------------------------------------------


[[Page 42538]]

    (2) * * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Cattle, fat.............................            0.01        12/31/17
Cattle, meat............................            0.01        12/31/17
Cattle, meat byproducts.................            0.01        12/31/17
Egg.....................................            0.01        12/31/17
Goat, fat...............................            0.01        12/31/17
Goat, meat..............................            0.01        12/31/17
Goat, meat byproducts...................            0.01        12/31/17
Hog, fat................................            0.01        12/31/17
Hog, meat...............................            0.01        12/31/17
Hog, meat byproducts....................            0.01        12/31/17
Horse, fat..............................            0.01        12/31/17
Horse, meat.............................            0.01        12/31/17
Horse, meat byproducts..................            0.01        12/31/17
Milk....................................            0.01        12/31/17
Poultry, fat............................            0.01        12/31/17
Poultry, meat...........................            0.01        12/31/17
Poultry, meat byproducts................            0.01        12/31/17
Sheep, fat..............................            0.01        12/31/17
Sheep, meat.............................            0.01        12/31/17
Sheep, meat byproducts..................            0.01        12/31/17
------------------------------------------------------------------------

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                      Parts per   revocation
                                                   million       date
------------------------------------------------------------------------
Broccoli raab..................................         2.0     12/31/17
------------------------------------------------------------------------

* * * * *


Sec.  180.407  [Amended]

0
7. In Sec.  180.407, remove the entries for ``Broccoli,'' ``Cabbage,'' 
``Cauliflower,'' ``Corn, sweet, kernel plus cob with husks removed,'' 
and ``Vegetable, leafy, except brassica, group 4'' from the table in 
paragraph (a).
0
8. In Sec.  180.414, revise the table in paragraph (a)(1), and revise 
paragraph (d) to read as follows:


Sec.  180.414  Cyromazine; tolerances for residues.

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

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
Bean, dry, except cowpea....................................         3.0
Bean, lima..................................................         1.0
Bean, succulent.............................................         2.0
Broccoli....................................................         1.0
Cabbage, abyssinian.........................................          10
Cabbage, seakale............................................          10
Cattle, fat.................................................        0.05
Cattle, meat................................................        0.30
Cattle, meat byproducts.....................................        0.30
Egg.........................................................        0.30
Garlic......................................................        0.20
Garlic, great-headed, bulb..................................        0.20
Goat, fat...................................................        0.05
Goat, meat..................................................        0.30
Goat, meat byproducts.......................................        0.30
Hanover salad, leaves.......................................          10
Hog, fat....................................................        0.05
Hog, meat...................................................        0.30
Hog, meat byproducts........................................        0.30
Horse, fat..................................................        0.05
Horse, meat.................................................        0.30
Horse, meat byproducts......................................        0.30
Leek........................................................         3.0
Mango \1\...................................................        0.50
Milk........................................................        0.10
Mushroom....................................................         8.0
Onion, bulb, subgroup 3-07A.................................        0.30
Onion, green................................................         3.0
Onion, potato...............................................         3.0
Onion, tree.................................................         3.0
Onion, welsh................................................         3.0
Pepper......................................................         3.0
Potato......................................................        0.80
Poultry, fat (from chicken layer hens and chicken breeder           0.05
 hens only).................................................
Poultry, meat (from chicken layer hens and chicken breeder          0.10
 hens only).................................................
Poultry, meat byproducts (from chicken layer hens and               0.20
 chicken breeder hens only).................................
Rakkyo, bulb................................................        0.20
Shallot, bulb...............................................        0.20
Shallot, fresh leaves.......................................         3.0
Sheep, fat..................................................        0.05
Sheep, meat.................................................        0.30
Sheep, meat byproducts......................................        0.30
Tomato......................................................         1.0
Turnip, greens..............................................          10
Vegetable, brassica, leafy, group 5, except broccoli........          35
Vegetable, leafy, except brassica, group 4..................          10
Vegetable, cucurbit, group 9................................         2.0
------------------------------------------------------------------------
\1\ There are no U.S. registrations on mango as of May 4, 2000.

* * * * *
    (d)(1) Indirect or inadvertent residues. Tolerances are established 
for indirect or inadvertent residues of the insecticide cyromazine, 
including its metabolites and degradates, in or on the commodities in 
the table in this paragraph (d)(1) when present therein as a result of 
the application of cyromazine to growing crops listed in paragraph 
(a)(1) of this section. Compliance with the tolerance levels specified 
in this paragraph (d)(1) is to be determined by measuring only 
cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the 
commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Cotton, undelinted seed.................................            0.10
Corn, sweet, kernel plus cob with husks removed.........            0.50
Corn, sweet, forage.....................................            0.50
Corn, sweet, stover.....................................            0.50
Radish, roots...........................................            0.50
Radish, tops............................................            0.50
------------------------------------------------------------------------

    (2) Indirect or inadvertent residues. Tolerances are established 
for indirect or inadvertent residues of the insecticide cyromazine, 
including its metabolites and degradates, in or on the commodities in 
the table in this paragraph (d)(2) when present therein as a result of 
the application of fertilizer containing cyromazine to growing crops 
that do not have a higher tolerance in paragraph (a)(1) of this 
section. Compliance with the tolerance levels specified in this 
paragraph (d)(2) is to be determined by measuring only cyromazine, N-
cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity.

[[Page 42539]]



------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Grain, cereal, forage, fodder and straw, group 16.......            0.60
Grain, cereal, group 15.................................            0.60
Herbs and spices, group 19..............................            0.60
Oilseed, group 20.......................................            0.60
Onion, bulb, subgroup 3-07A.............................            0.60
Strawberry..............................................            0.60
Vegetable, foliage of legume, group 7...................            0.60
Vegetable, fruiting, group 8-10.........................            0.60
Vegetable, leaves of root and tuber, group 2............            0.60
Vegetable, legume, group 6..............................            0.60
Vegetable, root and tuber, group 1......................            0.60
------------------------------------------------------------------------

0
 9. In Sec.  180.415, revise the table in paragraph (a) to read as 
follows:


Sec.  180.415  Aluminum tris (O-ethylphosphonate); tolerances for 
residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Avocado.................................................              25
Banana..................................................             3.0
Bushberry subgroup 13-07B...............................              40
Caneberry subgroup 13-07A...............................            0.05
Cranberry...............................................             0.5
Fruit, citrus, group 10-10..............................             9.0
Fruit, pome, group 11-10................................              10
Ginseng.................................................            0.05
Hop, dried cones........................................              45
Juneberry...............................................              40
Lingonberry.............................................              40
Nut, macadamia..........................................            0.20
Onion, bulb.............................................            0.50
Onion, green............................................              10
Pea, succulent..........................................            0.30
Pepper/eggplant, subgroup 8-10B.........................            0.01
Pineapple...............................................            0.10
Salal...................................................              40
Strawberry..............................................              75
Tomato..................................................             3.0
Turnip, greens..........................................              40
Turnip, roots...........................................              15
Vegetable, brassica, leafy, group 5.....................              60
Vegetable, cucurbit, group 9............................              15
Vegetable, leafy, except brassica, group 4..............             100
------------------------------------------------------------------------

* * * * *


Sec.  180.467  [Removed]

0
 10. Remove Sec.  180.467.
0
11. In Sec.  180.498, revise the tables in paragraphs (a)(2) and (d) to 
read as follows:


Sec.  180.498  Sulfentrazone; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Apple...................................................            0.15
Asparagus...............................................            0.15
Berry and small fruit, group 13-07......................            0.15
Brassica, head and stem, subgroup 5A....................            0.20
Brassica, leafy greens, subgroup 5B.....................            0.40
Corn, field, forage.....................................            0.20
Corn, field, grain......................................            0.15
Corn, field, stover.....................................            0.30
Flax, seed..............................................            0.15
Fruit, citrus, group 10-10..............................            0.15
Horseradish.............................................            0.20
Melon, subgroup 9A......................................            0.15
Nut, tree, group 14-12..................................            0.15
Pea and bean, dried shelled, except soybean, subgroup 6C            0.15
Pea, succulent..........................................            0.15
Peanut..................................................            0.20
Peanut, meal............................................            0.40
Peppermint, tops........................................            0.30
Rhubarb.................................................            0.15
Spearmint, tops.........................................            0.30
Sugarcane, cane.........................................            0.15
Sugarcane, molasses.....................................            0.20
Sunflower subgroup 20B..................................            0.20
Turnip, roots...........................................            0.15
Turnip, tops............................................            0.60
Vegetable, fruiting, group 8-10.........................            0.15
Vegetable, soybean, succulent...........................            0.15
Vegetable, tuberous and corm, subgroup 1C...............            0.15
------------------------------------------------------------------------

* * * * *
    (d) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Grain, cereal (excluding sweet corn), hulls.............            0.30
Grain, cereal, forage, fodder and straw, group 16,                  0.20
 except sweet corn; forage..............................
Grain, cereal, forage, fodder and straw, group 16,                  0.20
 except sweet corn; hay.................................
Grain, cereal, forage, fodder and straw, group 16,                  0.10
 except sweet corn; stover..............................
Grain, cereal, forage, fodder and straw, group 16,                  0.60
 except sweet corn; straw...............................
Grain, cereal, group 15, except sweet corn..............            0.10
Grain, cereal, group 15, except sweet corn; bran........            0.15
------------------------------------------------------------------------

Sec.  180.539  [Removed]

0
 12. Remove Sec.  180.539.


Sec.  180.594  [Amended]

0
 13. In Sec.  180.594, in the table in paragraph (a), remove the text 
``Peach subgroup 12-12C \1\'', add in its place the text ``Plum 
subgroup 12-12C \1\'', and designate the entry for ``Plum subgroup 12-
12C \1\'' in alphabetical order.
0
14. In Sec.  180.650, revise the table in paragraph (a) to read as 
follows:


Sec.  180.650  Isoxaben; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond, hulls...........................................            0.40
Grape...................................................            0.01
Nut, tree group 14-12...................................            0.02
------------------------------------------------------------------------

* * * * *
0
 15. Add Sec.  180.1342 to subpart D to read as follows:


Sec.  180.1342  d-Limonene; exemption from the requirement of a 
tolerance.

    (a) An exemption from the requirement of a tolerance is established 
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied 
as an herbicide used in accordance with good agricultural practices.
    (b) A exemption from the requirement of a tolerance is established 
for residues of d-limonene, (4R)-1-methyl-4-(1-
methylethenyl)cyclohexene, in or on all food commodities when applied 
as an insecticide in kitchens and pantries.
0
 16. Add Sec.  180.1343 to subpart D to read as follows:


Sec.  180.1343  Tartrazine; exemption from the requirement of a 
tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of tartrazine (F.D.&C. Yellow No. 5 or Acid Yellow 23), in or 
on all food commodities when used as an aquatic plant control agent.

[FR Doc. 2017-18780 Filed 9-7-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                           42531

                                                  ENVIRONMENTAL PROTECTION                                dockets generally, is available at http://            EPA receives a comment within the 60-
                                                  AGENCY                                                  www.epa.gov/dockets.                                  day period to that effect, EPA will not
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      proceed to revoke the tolerance
                                                  40 CFR Part 180                                         Joseph Nevola, Pesticide Re-Evaluation                immediately. However, EPA will take
                                                  [EPA–HQ–OPP–2017–0128; FRL–9963–03]                     Division (7508P), Office of Pesticide                 steps to ensure the submission of any
                                                                                                          Programs, Environmental Protection                    needed supporting data and will issue
                                                  RIN 2070–ZA16                                           Agency, 1200 Pennsylvania Ave. NW.,                   an order in the Federal Register under
                                                                                                          Washington, DC 20460–0001; telephone                  the Federal Food, Drug, and Cosmetic
                                                  Aluminum tris (O-ethylphosphonate),                                                                           Act (FFDCA) section 408(f), if needed.
                                                  Carbon disulfide, p-                                    number: (703) 308–8037; email address:
                                                                                                          nevola.joseph@epa.gov.                                The order would specify data needed
                                                  Chlorophenoxyacetic acid,                                                                                     and the timeframes for its submission,
                                                  Cyromazine, Dichlobenil, et al.;                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                                and would require that within 90 days
                                                  Proposed Tolerance and Tolerance                        I. General Information                                some person or persons notify EPA that
                                                  Exemption Actions                                                                                             they will submit the data. If the data are
                                                                                                          A. Does this action apply to me?
                                                  AGENCY:  Environmental Protection                                                                             not submitted as required in the order,
                                                                                                             You may be potentially affected by                 EPA will take appropriate action under
                                                  Agency (EPA).
                                                                                                          this action if you are an agricultural                FFDCA.
                                                  ACTION: Proposed rule.
                                                                                                          producer, food manufacturer, or                          EPA issues a final rule after
                                                  SUMMARY:    EPA is proposing to revoke                  pesticide manufacturer. The following                 considering comments that are
                                                  certain tolerances for aluminum tris                    list of North American Industrial                     submitted in response to this proposed
                                                  (O-ethylphosphonate), carbon disulfide,                 Classification System (NAICS) codes is                rule. In addition to submitting
                                                  cyromazine, dichlobenil, isoxaben,                      not intended to be exhaustive, but rather             comments in response to this proposal,
                                                  oxydemeton-methyl, propachlor,                          provides a guide to help readers                      you may also submit an objection at the
                                                  sulfentrazone, and thiodicarb, and a                    determine whether this document                       time of the final rule. If you fail to file
                                                  tolerance exemption for d-limonene.                     applies to them. Potentially affected                 an objection to the final rule within the
                                                  Also, EPA is proposing to modify                        entities may include:                                 time period specified, you will have
                                                  certain tolerances for aluminum tris                       • Crop production (NAICS code 111).                waived the right to raise any issues
                                                  (O-ethylphosphonate) and cyromazine,                       • Animal production (NAICS code                    resolved in the final rule. After the
                                                  and to establish new tolerances for                     112).                                                 specified time, issues resolved in the
                                                  aluminum tris (O-ethylphosphonate),                        • Food manufacturing (NAICS code                   final rule cannot be raised again in any
                                                  cyromazine, dichlobenil, isoxaben, and                  311).                                                 subsequent proceedings.
                                                                                                             • Pesticide manufacturing (NAICS
                                                  sulfentrazone, and new tolerance
                                                                                                          code 32532).                                          II. Background
                                                  exemptions for d-limonene and
                                                  tartrazine. In addition, EPA is proposing               B. What should I consider as I prepare                A. What action is the Agency taking?
                                                  to revise the tolerance expressions for                 my comments for EPA?                                     EPA is proposing, in follow-up to
                                                  p-chlorophenoxyacetic acid and                             1. Submitting CBI. Do not submit this              canceled product registrations or uses,
                                                  dichlobenil, remove expired tolerances                  information to EPA through                            to revoke certain tolerances for carbon
                                                  for disulfoton, correct the listing of a                regulations.gov or email. Clearly mark                disulfide (degradate of sodium
                                                  tolerance for thiacloprid, and correct the              the part or all of the information that               tetrathiocarbonate), dichlobenil,
                                                  listing of significant figures for certain              you claim to be CBI. For CBI                          oxydemeton-methyl, propachlor, and
                                                  existing tolerances of specific pesticide               information in a disk or CD–ROM that                  thiodicarb; and to revoke a tolerance
                                                  active ingredients.                                     you mail to EPA, mark the outside of the              exemption for insecticidal uses of
                                                  DATES: Comments must be received on                     disk or CD–ROM as CBI and then                        d-limonene in 40 CFR part 180 subpart
                                                  or before November 7, 2017.                             identify electronically within the disk or            C (for tolerances) and concomitantly
                                                  ADDRESSES: Submit your comments,                        CD–ROM the specific information that                  establish two tolerance exemptions to
                                                  identified by docket identification (ID)                is claimed as CBI. In addition to one                 cover both the existing insecticidal and
                                                  number EPA–HQ–OPP–2017–0128, by                         complete version of the comment that                  herbicidal uses of d-limonene in 40 CFR
                                                  one of the following methods:                           includes information claimed as CBI, a                part 180 subpart D (for exemptions).
                                                     • Federal eRulemaking Portal: http://                copy of the comment that does not                        As part of registration review, EPA
                                                  www.regulations.gov. Follow the online                  contain the information claimed as CBI                will harmonize U.S. tolerances with
                                                  instructions for submitting comments.                   must be submitted for inclusion in the                international Maximum Residue Limits
                                                  Do not submit electronically any                        public docket. Information so marked                  (MRLs) where possible. Therefore, EPA
                                                  information you consider to be                          will not be disclosed except in                       is proposing to modify certain
                                                  Confidential Business Information (CBI)                 accordance with procedures set forth in               tolerances for aluminum tris
                                                  or other information whose disclosure is                40 CFR part 2.                                        (O-ethylphosphonate) and cyromazine
                                                  restricted by statute.                                     2. Tips for preparing your comments.               for harmonization purposes.
                                                     • Mail: OPP Docket, Environmental                    When preparing and submitting your                       In a series of planned crop group
                                                  Protection Agency Docket Center (EPA/                   comments, see the commenting tips at                  updates, EPA has revised crop
                                                  DC), (28221T), 1200 Pennsylvania Ave.                   http://www.epa.gov/dockets/                           groupings to promote the greater use of
                                                  NW., Washington, DC 20460–0001.                         comments.html.                                        crop groupings for tolerance-setting
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                                                     • Hand Delivery: To make special                                                                           purposes and, in particular, to assist in
                                                  arrangements for hand delivery or                       C. What can I do if I wish the Agency                 making available lower risk pesticides
                                                  delivery of boxed information, please                   to maintain a tolerance that the agency               for minor crops. EPA plans to
                                                  follow the instructions at http://                      proposes to revoke?                                   eventually convert tolerances for any
                                                  www.epa.gov/dockets/contacts.html.                         This proposed rule provides a                      pre-existing crop group to tolerances
                                                     Additional instructions on                           comment period of 60 days for any                     with coverage under the revised crop
                                                  commenting or visiting the docket,                      person to state an interest in retaining              group. This conversion will occur
                                                  along with more information about                       a tolerance proposed for revocation. If               through the registration review process


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                                                  42532                 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules

                                                  and in the course of evaluating new uses                whether a tolerance is safe is a separate             pome, group 11–10 at 10 ppm
                                                  for a pesticide registration.                           inquiry. EPA favors raising a tolerance               concomitant with the revocation of the
                                                  Consequently, the Agency is proposing                   when data show that:                                  tolerances on bushberry subgroup 13B
                                                  to update crop groupings or                                1. Lawful use (sometimes through a                 at 40 ppm and fruit, pome, group 11 at
                                                  subgroupings for aluminum tris                          label change) may result in a higher                  10 ppm. Also, based on available
                                                  (O-ethylphosphonate), cyromazine,                       residue level on the commodity; and                   residue data, the Agency determined
                                                  isoxaben, and sulfentrazone.                               2. The tolerance remains safe,                     that harmonization with Canadian
                                                     Also, EPA is proposing to modify                     notwithstanding increased residue level               MRLs for tolerances on caneberries,
                                                  certain tolerances for aluminum tris                    allowed under the tolerance.                          citrus fruit, and ginseng is possible.
                                                  (O-ethylphosphonate) and cyromazine,                       EPA also seeks to harmonize                        Therefore, based on its own initiative,
                                                  and to establish a cherry tolerance for                 tolerances with international standards               the Agency is proposing to establish
                                                  dichlobenil (concomitant with a                         set by the Codex Alimentarius                         tolerances in 40 CFR 180.415(a) for
                                                  proposed revocation of a stone fruit                    Commission, as described in Unit III.                 aluminum tris (O-ethylphosphonate)
                                                  group tolerance that is no longer                          EPA has found that the tolerances that             residues in or on caneberry subgroup
                                                  needed), and a new tolerance exemption                  are proposed in this document to be                   13–07A at 0.05 ppm to harmonize with
                                                  for tartrazine. In addition, EPA is                     modified, are safe; i.e., that there is a             Canadian MRLs, and in or on fruit,
                                                  proposing to revise the tolerance                       reasonable certainty that no harm will                citrus, group 10–10 at 9.0 ppm to
                                                  expressions for p-chlorophenoxyacetic                   result to infants and children from                   harmonize with Canadian MRLs,
                                                  acid (to remove a metabolite that is not                aggregate exposure to the pesticide                   concomitant with the revocation of the
                                                  considered to be a risk concern and to                  chemical residues, in accordance with                 tolerances on caneberry subgroup 13A
                                                  revise it in accordance with current                    FFDCA section 408(b)(2)(C). (Note that                at 0.1 ppm and fruit, citrus, group 10 at
                                                  Agency practice) and dichlobenil (to                    changes to tolerance nomenclature do                  5.0 ppm. In addition, EPA is proposing
                                                  revise it in accordance with current                    not constitute modifications of                       to decrease the tolerance in 40 CFR
                                                  Agency practice), remove expired                        tolerances). These findings are                       180.415(a) on ginseng from 0.1 to 0.05
                                                  tolerances for disulfoton, correct the                  discussed in detail in each Human                     ppm to harmonize with the Canadian
                                                  listing of a tolerance for thiacloprid, and             Health Risk Assessment for Registration               MRL.
                                                  correct the listing of significant figures              Review.                                                  Also, in accordance with current
                                                  for certain existing tolerances of specific                Also, in accordance with current                   Agency practice to list significant
                                                  pesticide active ingredients.                           Agency practice to describe more clearly              figures for tolerance values, EPA is
                                                     Detailed explanations for proposed                   the measurement of residues for                       proposing to list existing tolerances in
                                                  modifications or establishments of                      tolerances and coverage of metabolites                180.415(a) for pineapple at 0.10 ppm,
                                                  tolerances or tolerance exemptions, or                  and degradates of a pesticide by the                  pea, succulent at 0.30 ppm, onion, bulb
                                                  tolerance expression changes other than                 tolerances, EPA is proposing to make                  at 0.50 ppm, tomato at 3.0 ppm, and
                                                  minor revisions in accordance with                      minor revisions to the introductory text              onion, green at 10 ppm.
                                                  current Agency practice, can be found                   for dichlobenil. The revisions to the                    2. Carbon disulfide. Carbon disulfide
                                                  in the Human Health Risk Assessment                     tolerance expression do not                           is a degradate of sodium
                                                  for Registration Review and the Interim                 substantively change the tolerance or, in             tetrathiocarbonate. In the Federal
                                                  Registration Review Decision for the                    any way, modify the permissible level of              Register notice of November 10, 2010
                                                  following: aluminum tris                                residues permitted by the tolerances.                 (75 FR 69073) (FRL–8851–5), EPA
                                                  (O-ethylphosphonate), also known as                        In addition, EPA is proposing to                   announced its receipt of voluntary
                                                  fosetyl-Al, in docket EPA–HQ–OPP–                       revoke certain specific tolerances                    requests by registrants to cancel certain
                                                  2007–0379, p-chlorophenoxyacetic acid                   because either they are no longer                     registrations, including the last sodium
                                                  in docket EPA–HQ–OPP–2014–0544                          needed or are associated with food uses               tetrathiocarbonate products registered
                                                  and the p-Chlorophenoxyacetic Acid                      that are no longer registered under                   for use on specific food commodities
                                                  Product Chemistry and Residue                           FIFRA. Those instances where                          (almond, grape, grapefruit, lemon,
                                                  Chemistry Chapter for the Registration                  registrations were canceled were                      orange, peach, plum, and prune) in the
                                                  Eligibility Decision (RED) is available in              because the registrant failed to pay the              United States. In the Federal Register
                                                  docket EPA–HQ–OPP–2006–0036,                            required maintenance fee and/or the                   notice of February 25, 2011 (76 FR
                                                  cyromazine in docket EPA–HQ–OPP–                        registrant voluntarily requested                      10587) (FRL–8863–4), EPA published a
                                                  2006–0108, isoxaben in docket EPA–                      cancellation of one or more registered                cancellation order in follow-up to the
                                                  HQ–OPP–2007–1038, d-limonene in                         uses of the pesticide. It is EPA’s general            November 10, 2010 notice and granted
                                                  docket EPA–HQ–OPP–2010–0673,                            practice to propose revocation of those               the requested product cancellations for
                                                  sulfentrazone in docket EPA–HQ–OPP–                     tolerances for residues of pesticide                  sodium tetrathiocarbonate. EPA
                                                  2009–0624, and tartrazine, which is a                   active ingredients on crop uses for                   permitted the registrant to sell and
                                                  component of aquashade (see aquashade                   which there are no active registrations               distribute existing stocks of those
                                                  in docket EPA–HQ–OPP–2015–0639),                        under FIFRA, unless any person in                     sodium tetrathiocarbonate products
                                                  available through EPA’s electronic                      comments on the proposal indicates a                  until February 25, 2012 and persons
                                                  docket and comment system,                              need for the tolerance to cover residues              other than the registrant to sell,
                                                  regulations.gov at http://                              in or on imported commodities or                      distribute, and use existing stocks until
                                                  www.regulations.gov.                                    legally treated domestic commodities.                 supplies are exhausted. EPA believes
                                                     The selection of an individual                          1. Aluminum tris                                   that existing stocks are exhausted; i.e.,
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                                                  tolerance level is based on crop field                  (O-ethylphosphonate). EPA on its own                  more than 4 years after the registrant
                                                  residue studies designed to produce the                 initiative, under FFDCA section 408(e),               was no longer permitted to sell and
                                                  maximum residues under the existing or                  21 U.S.C. 346a(e), is proposing to                    distribute them, and therefore the
                                                  proposed product label. Generally, the                  establish tolerances in 40 CFR                        tolerances for them are no longer
                                                  level selected for a tolerance is a value               180.415(a) for aluminum tris                          needed and should be revoked.
                                                  slightly above the maximum residue                      (O-ethylphosphonate), also known as                   Consequently, EPA is proposing to
                                                  found in such studies, provided that the                fosetyl-Al, residues in or on bushberry               revoke the tolerances in 40 CFR 180.467
                                                  tolerance is safe. The evaluation of                    subgroup 13–07B at 40 ppm and fruit,                  for residues of carbon disulfide from the


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                                                                        Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                           42533

                                                  application of sodium                                   0.2 ppm and concomitantly establish a                 manure), the maximum label
                                                  tetrathiocarbonate in or on almond;                     tolerance on onion, bulb, subgroup                    application rate of 4 tons treated manure
                                                  almond, hulls; grape; grapefruit; lemon;                3–07A at 0.30 ppm.                                    per acre (8000 lb manure/A) is
                                                  orange, sweet; peach; and plum, prune,                     Also, EPA on its own initiative, under             calculated to result in residues of
                                                  fresh.                                                  FFDCA section 408(e), 21 U.S.C.                       cyromazine of 0.15 kg ai/A or 0.33 lb ai/
                                                     3. p-Chlorophenoxyacetic acid (p-CPA                 346a(e), in order to harmonize with                   A, which is 7X (0.33 lb
                                                  or 4–CPA). In the 1997 RED for 4–CPA                    certain higher Codex MRLs (defined as                 ai/A vs. 0.05 lb ai/A) the rate used in the
                                                  and the 1994 p-Chlorophenoxyacetic                      cyromazine residues), believes the                    greenhouse study. Therefore, to support
                                                  Acid Product Chemistry and Residue                      tolerances in 40 CFR 180.414(a)(1) for                current registrations, the Agency
                                                  Chemistry Chapter for the RED, the                      cyromazine residues in or on ‘‘kidney’’               determined that at the maximum
                                                  Agency recommended approval of a                        of cattle, goats, hogs, horses, and sheep             application rate, indirect or inadvertent
                                                  registrant petition for the elimination of              should be increased from 0.2 to 0.30                  residue tolerances at 0.60 ppm (7 × 0.08
                                                  the metabolite p-chlorophenol from the                  ppm; and ‘‘meat byproducts, except                    ppm) were needed for crops that do not
                                                  tolerance expression, as it was not                     kidney’’ of cattle, goats, hogs, horses,              have current tolerances established
                                                  considered a metabolite of risk concern.                and sheep should be increased from                    based on direct application of
                                                  Therefore, EPA is proposing in 40 CFR                   0.05 to 0.30 ppm. Because tolerances for              cyromazine. Consequently, EPA is
                                                  180.202 to revise the introductory text                 ‘‘kidney’’ and ‘‘meat byproducts, except              proposing to re-designate 40 CFR
                                                  (remove the metabolite p-chlorophenol                   kidney’’ for cattle, goats, hogs, horses,             180.414(d) into § 180.414(d)(1),
                                                  from the tolerance expression) and also                 and sheep would be revised to the same                establish § 180.414(d)(2), and in newly
                                                  revise it in accordance with current                    tolerance levels at 0.30 ppm, EPA is                  designated 40 CFR 180.414(d)(2) to add
                                                  Agency practice to describe more clearly                proposing to revoke the existing                      introductory text and establish
                                                  the measurement and scope or coverage                   tolerances in 40 CFR 180.414(a)(1) for                tolerances for indirect and inadvertent
                                                  of tolerances to read as set out in the                 cyromazine residues in or on cattle,                  residues of cyromazine resulting from
                                                  proposed regulatory text at the end of                  kidney; goat, kidney; hog, kidney; horse,             crops grown in soil amended with
                                                  this document.                                          kidney; sheep, kidney; cattle, meat                   cyromazine treated fertilizer at 0.60
                                                     4. Cyromazine. The U.S. regulates                    byproducts, except kidney; goat, meat                 ppm for the following: grain, cereal,
                                                  residues of cyromazine on cyromazine                    byproducts, except kidney; hog, meat                  forage, fodder and straw, group 16;
                                                  only, which is not in harmony with the                  byproducts, except kidney; horse, meat                grain, cereal, group 15; herbs and spices,
                                                  tolerance expression in Canada, which                   byproducts, except kidney; and sheep,                 group 19; oilseed, group 20; onion, bulb,
                                                  includes melamine, a metabolite of                      meat byproducts, except kidney and to                 subgroup 3–07A; strawberry; vegetable,
                                                  cyromazine. In the Federal Register of                  concomitantly establish tolerances at                 foliage of legume, group 7; vegetable,
                                                  May 4, 2000 (65 FR 25857) (FRL–6556–                    0.30 ppm for cattle, meat byproducts;                 fruiting, group 8–10; vegetable, leaves of
                                                  3), EPA removed melamine from the                       goat, meat byproducts; hog, meat                      root and tuber, group 2; vegetable,
                                                  U.S. tolerance expression for                           byproducts; horse, meat byproducts;                   legume, group 6; and vegetable, root and
                                                  cyromazine since the Agency no longer                   and sheep, meat byproducts.                           tuber, group 1.
                                                  considered melamine to be a residue of                     In addition, EPA on its own initiative,               Also, in accordance with current
                                                  concern. EPA does not have any                          under FFDCA section 408(e), 21 U.S.C.                 Agency practice to list significant
                                                  toxicological concerns for melamine                     346a(e), in order to harmonize with                   figures for tolerance values, EPA is
                                                  that could result from the use of the                   Codex MRLs, is proposing to increase                  proposing to list existing tolerances in
                                                  pesticide cyromazine. In addition, the                  tolerances in 40 CFR 180.414(a)(1) for                40 CFR 180.414(a)(1) for garlic; garlic,
                                                  acute and chronic dietary risk                          cyromazine residues in or on egg from                 great-headed, bulb; rakkyo, bulb; and
                                                  assessments, and aggregate risk                         0.25 to 0.30 ppm; cattle, meat; goat,                 shallot, bulb at 0.20 ppm, potato at 0.80
                                                  assessment for the registration review of               meat; hog, meat; horse, meat; and sheep,              ppm, and cabbage, abyssinian; cabbage,
                                                  cyromazine do not exceed the Agency’s                   meat from 0.05 to 0.30 ppm; mango                     seakale; hanover salad, leaves; and
                                                  level of concern. The Agency                            from 0.3 to 0.50 ppm; poultry, meat                   turnip, greens at 10 ppm, and tolerances
                                                  determined that specific cyromazine                     (from chicken layer hens and chicken                  in newly designated 40 CFR
                                                  tolerances increased for international                  breeder hens only) from 0.05 to 0.10                  180.414(d)(1) for cotton, undelinted
                                                  harmonization are safe; i.e., there is a                ppm; poultry, meat byproducts (from                   seed at 0.10 ppm, and corn, sweet,
                                                  reasonable certainty that no harm will                  chicken layer hens and chicken breeder                kernel plus cob with husks removed;
                                                  result from aggregate exposure to the                   hens only) from 0.05 to 0.20 ppm; and                 corn, sweet, forage; corn, sweet, stover;
                                                  pesticide chemical residue. Therefore,                  vegetable, cucurbit, group 9 from 1.0 to              radish, roots; and radish, tops at 0.50
                                                  EPA has determined that it is                           2.0 ppm.                                              ppm.
                                                  appropriate to numerically harmonize                       Also, registrations exist for use of                  5. Dichlobenil. Cherry is the only
                                                  certain U.S. tolerances with                            cyromazine for fly control in mushroom                registered stone fruit for dichlobenil
                                                  international MRLs that are higher. On                  compost and as a feed-through fly                     since 1995, and therefore, with the
                                                  its own initiative, under FFDCA section                 control agent for chicken manure, and                 exception of a need for a tolerance to
                                                  408(e), 21 U.S.C. 346a(e), in order to                  such cyromazine-treated manure from                   cover cherry, the crop group tolerance
                                                  harmonize with the level of Canadian                    chickens may be used as a soil fertilizer             for stone fruit is no longer needed and
                                                  MRLs for cyromazine, EPA is proposing                   supplement. A greenhouse rotational                   should be revoked. Consequently, in 40
                                                  to increase tolerances in 40 CFR                        crop study showed a maximum                           CFR 180.231 for dichlobenil residues of
                                                  180.414(a)(1) for cyromazine residues in                cyromazine residue level of 0.08 ppm in               concern, EPA is proposing to revoke the
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                                                  or on mushroom from 1.0 to 8.0 ppm,                     spring wheat straw from an application                tolerance on fruit, stone, group 12 at
                                                  pepper from 1.0 to 3.0 ppm, tomato                      rate of 0.05 lb active ingredient (ai) per            0.15 ppm and to concomitantly
                                                  from 0.5 to 1.0 ppm, vegetable, brassica,               acre (A). Data from a magnitude of                    establish a tolerance on cherry at 0.15
                                                  leafy, group 5, except broccoli from 10.0               residue study in poultry excreta                      ppm.
                                                  to 35 ppm, vegetable, leafy, except                     topically treated with cyromazine                        In accordance with current Agency
                                                  brassica, group 4 from 7.0 to 10 ppm,                   showed residues of 40 ppm in manure                   practice to describe more clearly the
                                                  and milk from 0.05 to 0.10 ppm; and                     at day 24. At 40 ppm (40 mg ai/kg                     measurement and scope or coverage of
                                                  revoke the tolerance on onion, bulb at                  manure or 18.2 mg ai/pound (lb)                       tolerances, EPA is proposing to revise


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                                                  42534                 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules

                                                  the introductory text in 40 CFR                         (FRL–9384–7), EPA published a                         meat; hog, meat byproducts; horse, fat;
                                                  180.231(a) to read as set out in the                    cancellation order in follow-up to the                horse, kidney; horse, meat; horse, meat
                                                  proposed regulatory text at the end of                  February 20, 2013 notice and granted                  byproducts, except kidney; milk; sheep,
                                                  this document. Also, in accordance with                 the requested product cancellations for               fat; sheep, kidney; sheep, meat; sheep,
                                                  current Agency practice to list                         oxydemeton methyl. EPA permitted the                  meat byproducts, except kidney;
                                                  significant figures for tolerance values,               registrant to sell and distribute existing            sorghum, forage, forage; sorghum, grain,
                                                  EPA is proposing to list existing                       stocks of those oxydemeton methyl                     forage; sorghum, grain, grain; and
                                                  tolerances in § 180.231(a) for cranberry                products until December 31, 2014 and                  sorghum, grain, stover.
                                                  and hazelnut at 0.10 ppm, and apple                     persons other than the registrant to sell                11. Sulfentrazone. As described
                                                  and pear at 0.50 ppm.                                   and distribute until December 31, 2016,               previously in Unit II of this document,
                                                     6. Disulfoton. Because the tolerances                and end users to use existing stocks                  regarding crop group updates, EPA on
                                                  in 40 CFR 180.183 for disulfoton                        until supplies are exhausted. EPA                     its own initiative, under FFDCA section
                                                  residues of concern all expired from                    believes that existing stocks are likely to           408(e), 21. U.S.C. 346a(e), is proposing
                                                  December 31, 2013 to December 31,                       be exhausted by December 31, 2017.                    to establish a tolerance in 40 CFR
                                                  2014, EPA is proposing to remove that                   Therefore, EPA is proposing to revoke                 180.498(a)(2) for sulfentrazone residues
                                                  section in its entirety.                                the tolerances in 40 CFR 180.330(a)(1)                of concern in or on nut, tree, group 14–
                                                     7. Isoxaben. EPA on its own initiative,              for oxydemeton-methyl residues of                     12 at 0.15 ppm. The Agency is also
                                                  under FFDCA section 408(e), 21. U.S.C.                  concern in or on alfalfa, forage; alfalfa,            proposing to revoke the existing
                                                  346a(e), is proposing to establish a                    hay; bean, lima; beet, sugar, roots; beet,            tolerances in 40 CFR 180.498(a)(2) for
                                                  tolerance in 40 CFR 180.650(a) for                      sugar, tops; broccoli; Brussels sprouts;              nut, tree, group 14 at 0.15 ppm and
                                                  isoxaben residues in or on nut, tree,                   cabbage; cauliflower; clover, forage;                 pistachio at 0.15 ppm since they will be
                                                  group 14–12 at 0.02 ppm. The Agency                     clover, hay; corn, sweet, forage; corn,               superseded by the newly established
                                                  is also proposing to revoke the existing                sweet, kernel plus cob with husks                     tolerance. Also, in order to conform to
                                                  tolerances in 40 CFR 180.650(a) for nut,                removed; corn, sweet, stover; cotton,                 current Agency practice, EPA is
                                                  tree, group 14 at 0.02 ppm and pistachio                undelinted seed; cucumber; eggplant;                  proposing in 40 CFR 180.498(a)(2) to
                                                  at 0.02 ppm since they will be                          grapefruit; hazelnut; lemon; lettuce,                 revise the commodity terminology for
                                                  superseded by the newly established                     head; melon; onion, bulb; orange;                     ‘‘flax’’ to ‘‘flax, seed.’’ In addition, in
                                                  tolerance.                                              pepper; peppermint, tops; pumpkin;                    accordance with current Agency
                                                     8. d-Limonene. Currently, under 40                   safflower, seed; sorghum, forage, forage;             practice to list significant figures for
                                                  CFR 180.539, subpart C (the subpart for                 sorghum, grain, forage; sorghum, grain,               tolerance values, EPA is proposing to
                                                  specific tolerances), a tolerance                       grain; spearmint, tops; squash, summer;               list existing tolerances for indirect or
                                                  exemption for d-limonene exists when                    squash, winter; strawberry; and walnut;               inadvertent residues in 40 CFR
                                                  used in insect-repellent tablecloths and                in 40 CFR 180.330(a)(2) for cattle, fat;              180.498(d) for grain, cereal, forage,
                                                  in insect-repellent strips in food- or                  cattle, meat; cattle, meat byproducts;                fodder and straw, group 16, except
                                                  feed-handling establishments. Although                  egg; goat, fat; goat, meat; goat, meat                sweet corn; stover; and grain, cereal,
                                                  there are no active registrations in the                byproducts; hog, fat; hog, meat; hog,                 group 15, except sweet corn at 0.10
                                                  U.S. for those d-limonene uses, there are               meat byproducts; horse, fat; horse, meat;             ppm; grain, cereal, forage, fodder and
                                                  active registrations for d-limonene uses                horse, meat byproducts; milk; poultry,                straw, group 16, except sweet corn;
                                                  as an insecticide in kitchens and                       fat; poultry, meat; poultry, meat                     forage; and grain, cereal, forage, fodder
                                                  pantries. As an active ingredient, it is                byproducts; sheep, fat; sheep, meat; and              and straw, group 16, except sweet corn;
                                                  also registered for food or feed crop uses              sheep, meat byproducts; and in 40 CFR                 hay at 0.20 ppm; and grain, cereal,
                                                  as an herbicide. In order to support both               180.330(c) for broccoli raab; each with               forage, fodder and straw, group 16,
                                                  the existing herbicidal and insecticidal                an expiration/revocation date of                      except sweet corn; straw at 0.60 ppm.
                                                  uses of d-limonene, the Agency                          December 31, 2017.                                       12. Tartrazine. In order to support
                                                  determined that an exemption from the                      Also, in accordance with current                   existing registrations for tartrazine, a
                                                  requirement of a tolerance should be                    Agency practice to list significant                   dye also known as F.D.&C. Yellow No.
                                                  established for each of them under 40                   figures for tolerance values, EPA is                  5 or Acid Yellow 23, when used as an
                                                  CFR part 180, subpart D, the subpart for                proposing to list existing tolerances in              aquatic plant control agent, EPA
                                                  exemptions from tolerances. Therefore,                  § 180.330(a)(1) for bean, lima; melon;                recommended (in the 2005 RED for
                                                  EPA is proposing to establish two                       and pumpkin at 0.20 ppm, beet, sugar,                 Aquashade) that an exemption from the
                                                  tolerance exemptions under 40 CFR part                  roots and squash, winter at 0.30 ppm,                 requirement of a tolerance should be
                                                  180, subpart D, in newly designated                     and beet, sugar, tops and corn, sweet,                established since treated water may be
                                                  § 180.1342, to cover both registered uses               kernel plus cob with husks removed at                 used for irrigation of crops, livestock
                                                  of d-limonene concomitant with the                      0.50 ppm, and alfalfa, hay at 11 ppm.                 watering, and fishing. Therefore, EPA is
                                                  revocation of the tolerance exemption in                   10. Propachlor. Because there have                 proposing to establish an exemption
                                                  40 CFR 180.539, in subpart C, by                        been no active propachlor registrations               from a tolerance for tartrazine when
                                                  removing that section in its entirety.                  for over 5 years, there is no longer a                used as an aquatic plant control agent
                                                     9. Oxydemeton-methyl (S-(2-                          need for the tolerances. Therefore, the               under 40 CFR part 180, subpart D, in
                                                  (Ethylsulfinyl)ethyl) O,O-dimethyl                      propachlor tolerances should be                       newly designated § 180.1343.
                                                  phosphorothioate). In the Federal                       revoked. Consequently, EPA is                            13. Thiacloprid. In the Federal
                                                  Register notice of February 20, 2013 (78                proposing to revoke the tolerances in 40              Register proposed and final rules of July
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                                                  FR 11881) (FRL–9378–9), EPA                             CFR 180.211(a) for propachlor residues                22, 2015 (80 FR 43373) (FRL–9929–12)
                                                  announced its receipt of voluntary                      of concern in or on cattle, fat; cattle,              and June 1, 2016 (81 FR 34902) (FRL–
                                                  requests by registrants to cancel certain               kidney; cattle, meat; cattle, meat                    9943–73), EPA inadvertently revised the
                                                  registrations, including the last                       byproducts, except kidney; corn, field,               listing for the tolerance at 0.05 ppm in
                                                  oxydemeton-methyl products registered                   forage; corn, field, grain; corn, field,              40 CFR 180.594(a) from Plum subgroup
                                                  for use on food commodities in the                      stover; corn, sweet, forage; goat, fat;               12–12C to Peach subgroup 12–12C.
                                                  United States. In the Federal Register                  goat, kidney; goat, meat; goat, meat                  Consequently, EPA is proposing in 40
                                                  notice of May 1, 2013 (78 FR 25438)                     byproducts, except kidney; hog, fat; hog,             CFR 180.594(a) to correct the listing for


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                                                                        Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                          42535

                                                  the tolerance as Plum subgroup 12–12C                   which FIFRA registrations no longer                   a tolerance, EPA may require that
                                                  at 0.05 ppm.                                            exist and on which the pesticide may                  parties interested in maintaining the
                                                     14. Thiodicarb. In the Federal                       therefore no longer be used in the                    tolerances provide the necessary
                                                  Register of October 17, 2014 (79 FR                     United States. EPA has historically been              information. If the requisite information
                                                  62439) (FRL–9916–78), among other                       concerned that retention of tolerances                is not submitted, EPA may issue an
                                                  actions requested, EPA announced                        that are not necessary to cover residues              order revoking the tolerance at issue.
                                                  receipt of request from the registrant to               in or on legally treated foods may
                                                  amend the sole technical registration to                                                                      C. When do these actions become
                                                                                                          encourage misuse of pesticides within
                                                  delete the last uses of thiodicarb for                                                                        effective?
                                                                                                          the United States. Nonetheless, EPA
                                                  broccoli, cabbage, cauliflower, sweet                   will establish and maintain tolerances                   EPA is proposing that the actions
                                                  corn, and leafy vegetables. EPA                         even when corresponding domestic uses                 herein become effective 6 months after
                                                  approved the use deletions effective                    are canceled if the tolerances, which                 the date of publication of the final rule
                                                  November 17, 2014 since the registrant                  EPA refers to as ‘‘import tolerances,’’ are           in the Federal Register. EPA is
                                                  did not withdraw the request and there                  necessary to allow importation into the               proposing this effective date for these
                                                  were no significant public comments.                    United States of food containing such                 actions to allow a reasonable interval for
                                                  Previously, the last end-use registrations              pesticide residues. However, where                    producers in exporting members of the
                                                  of thiodicarb for broccoli, cabbage,                    there are no imported commodities that                World Trade Organization’s (WTO’s)
                                                  cauliflower, sweet corn, and leafy                      require these import tolerances, the                  Sanitary and Phytosanitary (SPS)
                                                  vegetables had been canceled, due to                    Agency believes it is appropriate to                  Measures Agreement to adapt to the
                                                  non-payment of the maintenance fee, in                  revoke tolerances for unregistered                    requirements of a final rule. With the
                                                  the Federal Register of June 26, 2013                   pesticides in order to prevent potential              exception of the proposed revocation of
                                                  (78 FR 38319) (FRL–9388–4), and                         misuse.                                               tolerances with expiration dates for
                                                  permitted the registrant to sell and                       Furthermore, as a general matter, the              oxydemeton-methyl, the Agency
                                                  distribute existing stocks until January                Agency believes that retention of import              believes that existing stocks of pesticide
                                                  15, 2014. Therefore, EPA believes that                  tolerances not needed to cover any                    products labeled for the uses associated
                                                  existing stocks of end-use registrations                imported food may result in                           with the tolerances proposed for
                                                  for these thiodicarb uses were exhausted                unnecessary restriction on trade of                   revocation have been completely
                                                  two to three years ago, and the                         pesticides and foods. Under FFDCA                     exhausted and that treated commodities
                                                  tolerances are no longer needed.                        section 408, a tolerance may only be                  have cleared the channels of trade.
                                                  Consequently, EPA is proposing to                       established or maintained if EPA                      Where EPA is proposing revocation
                                                  revoke the tolerances in 40 CFR                         determines that the tolerance is safe                 with expiration dates for oxydemeton-
                                                  180.407(a) for broccoli; cabbage;                       based on a number of factors, including               methyl, the Agency believes that this
                                                  cauliflower; corn, sweet, kernel plus cob               an assessment of the aggregate exposure               revocation date allows users to exhaust
                                                  with husks removed; and vegetable,                      to the pesticide and an assessment of                 stocks and allows sufficient time for
                                                  leafy, except brassica, group 4.                        the cumulative effects of such pesticide              passage of treated commodities through
                                                                                                          and other substances that have a                      the channels of trade. If you have
                                                  B. What is the Agency’s authority for
                                                                                                          common mechanism of toxicity. In                      comments regarding existing stocks and
                                                  taking this action?
                                                                                                          doing so, EPA must consider potential                 whether the effective date allows
                                                    A ‘‘tolerance’’ represents the                        contributions to such exposure from all               sufficient time for treated commodities
                                                  maximum level for residues of pesticide                 tolerances. If the cumulative risk is such            to clear the channels of trade, please
                                                  chemicals legally allowed in or on raw                  that the tolerances in aggregate are not              submit comments as described under
                                                  agricultural commodities and processed                  safe, then every one of these tolerances              SUPPLEMENTARY INFORMATION.
                                                  foods. Section 408 of FFDCA, 21 U.S.C.                  is potentially vulnerable to revocation.                 Any commodities listed in this
                                                  346a, authorizes the establishment of                   Furthermore, if unneeded tolerances are               proposal treated with the pesticides
                                                  tolerances, exemptions from tolerance                   included in the aggregate and                         subject to this proposal, and in the
                                                  requirements, modifications in                          cumulative risk assessments, the                      channels of trade following the
                                                  tolerances, and revocation of tolerances                estimated exposure to the pesticide                   tolerance revocations, shall be subject to
                                                  for residues of pesticide chemicals in or               would be inflated. Consequently, it may               FFDCA section 408(1)(5), as established
                                                  on raw agricultural commodities and                     be more difficult for others to obtain                by FQPA. Under this unit, any residues
                                                  processed foods. Without a tolerance or                 needed tolerances or to register needed               of these pesticides in or on such food
                                                  exemption, food containing pesticide                    new uses. To avoid potential trade                    shall not render the food adulterated so
                                                  residues is considered to be unsafe and                 restrictions, the Agency is proposing to              long as it is shown to the satisfaction of
                                                  therefore ‘‘adulterated’’ under FFDCA                   revoke tolerances for residues on crops               the Food and Drug Administration that:
                                                  section 402(a), 21 U.S.C. 342(a). Such                  uses for which FIFRA registrations no                    1. The residue is present as the result
                                                  food may not be distributed in interstate               longer exist, unless someone expresses                of an application or use of the pesticide
                                                  commerce, 21 U.S.C. 331(a). For a food-                 a need for such tolerances. Through this              at a time and in a manner that was
                                                  use pesticide to be sold and distributed,               proposed rule, the Agency is inviting                 lawful under FIFRA, and
                                                  the pesticide must not only have                        individuals who need these import                        2. The residue does not exceed the
                                                  appropriate tolerances under the                        tolerances to identify themselves and                 level that was authorized at the time of
                                                  FFDCA, but also must be registered                      the tolerances that are needed to cover               the application or use to be present on
                                                  under FIFRA, 7 U.S.C. 136 et seq. Food-                 imported commodities.
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                                                                                                                                                                the food under a tolerance or exemption
                                                  use pesticides not registered in the                       Parties interested in retention of the             from tolerance. Evidence to show that
                                                  United States must have tolerances in                   tolerances should be aware that                       food was lawfully treated may include
                                                  order for commodities treated with                      additional data may be needed to                      records that verify the dates when the
                                                  those pesticides to be imported into the                support retention. These parties should               pesticide was applied to such food.
                                                  United States.                                          be aware that, under FFDCA section
                                                    EPA’s general practice is to propose                  408(f), if the Agency determines that                 III. International Residue Limits
                                                  revocation of tolerances for residues of                additional information is reasonably                     In making its tolerance decisions, EPA
                                                  pesticide active ingredients on crops for               required to support the continuation of               seeks to harmonize U.S. tolerances with


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                                                  42536                 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules

                                                  international standards whenever                        October 4, 1993). Because this proposed               importers, and that there is a negligible
                                                  possible, consistent with U.S. food                     rule has been exempted from review                    joint probability of all eight conditions
                                                  safety standards and agricultural                       under Executive Order 12866 due to its                holding simultaneously with respect to
                                                  practices. EPA considers the                            lack of significance, this proposed rule              any particular revocation. (This Agency
                                                  international maximum residue limits                    is not subject to Executive Order 13211,              document is available in the docket of
                                                  (MRLs) established by the Codex                         entitled ‘‘Actions Concerning                         this proposed rule). Furthermore, for the
                                                  Alimentarius Commission (Codex), as                     Regulations That Significantly Affect                 pesticides named in this proposed rule,
                                                  required by FFDCA section 408(b)(4).                    Energy Supply, Distribution, or Use’’ (66             the Agency knows of no extraordinary
                                                  The Codex Alimentarius is a joint                       FR 28355, May 22, 2001). This proposed                circumstances that exist as to the
                                                  United Nations Food and Agriculture                     rule does not contain any information                 present proposed rule that would
                                                  Organization/World Health                               collections subject to OMB approval                   change EPA’s previous analysis. Any
                                                  Organization food standards program,                    under the Paperwork Reduction Act                     comments about the Agency’s
                                                  and it is recognized as an international                (PRA) (44 U.S.C. 3501 et seq.), or                    determination should be submitted to
                                                  food safety standards-setting                           impose any enforceable duty or contain                the EPA along with comments on the
                                                  organization in trade agreements to                     any unfunded mandate as described                     proposed rule, and will be addressed
                                                  which the United States is a party. EPA                 under Title II of the Unfunded Mandates               prior to issuing a final rule. In addition,
                                                  may establish a tolerance that is                       Reform Act (UMRA) (2 U.S.C. 1501 et                   the Agency has determined that this
                                                  different from a Codex MRL; however,                    seq.). Nor does it require any special                proposed rule will not have a
                                                  FFDCA section 408(b)(4) requires that                   considerations as required by Executive               substantial direct effect on States, on the
                                                  EPA explain the reasons for departing                   Order 12898, entitled ‘‘Federal Actions               relationship between the national
                                                  from the Codex level.                                   to Address Environmental Justice in                   government and the States, or on the
                                                     The Codex has not established a MRL
                                                                                                          Minority Populations and Low-Income                   distribution of power and
                                                  for aluminum tris
                                                                                                          Populations’’ (59 FR 7629, February 16,               responsibilities among the various
                                                  (O-ethylphosphonate), carbon disulfide
                                                                                                          1994); or OMB review or any other                     levels of government, as specified in
                                                  (degradate of sodium
                                                                                                          Agency action under Executive Order                   Executive Order 13132, entitled
                                                  tetrathiocarbonate), p-
                                                                                                          13045, entitled ‘‘Protection of Children              ‘‘Federalism’’ (64 FR 43255, August 10,
                                                  chlorophenoxyacetic acid (p-CPA),
                                                                                                          from Environmental Health Risks and                   1999). Executive Order 13132 requires
                                                  isoxaben, d-limonene, propachlor,
                                                                                                          Safety Risks’’ (62 FR 19885, April 23,                EPA to develop an accountable process
                                                  sulfentrazone, tartrazine, thiodicarb, or
                                                                                                          1997). This proposed rule does not                    to ensure ‘‘meaningful and timely input
                                                  dichlobenil in or on cherry.
                                                     The Codex has established MRLs for                   involve any technical standards that                  by State and local officials in the
                                                  cyromazine in or on [cucumber at 2 mg/                  would require Agency consideration of                 development of regulatory policies that
                                                  kg; edible offal (mammalian) and eggs at                voluntary consensus standards pursuant                have federalism implications.’’ ‘‘Policies
                                                  0.3 mg/kg; mango at 0.5 mg/kg; poultry                  to section 12(d) of the National                      that have federalism implications’’ is
                                                  meat at 0.1 mg/kg; and poultry, edible                  Technology Transfer and Advancement                   defined in the Executive order to
                                                  offal at 0.2 mg/kg. These MRLs are                      Act (NTTAA) (15 U.S.C. 272 note).                     include regulations that have
                                                  currently different, but the same as                    Pursuant to the Regulatory Flexibility                ‘‘substantial direct effects on the States,
                                                  certain proposed U.S. tolerances (to                    Act (RFA) (5 U.S.C. 601 et seq.), the                 on the relationship between the national
                                                  harmonize with Codex MRLs) for                          Agency previously assessed whether                    government and the States, or on the
                                                  cyromazine in the United States.                        establishment of tolerances, exemptions               distribution of power and
                                                     The Codex has established MRLs for                   from tolerances, raising of tolerance                 responsibilities among the various
                                                  oxydemeton-methyl in or on various                      levels, expansion of exemptions, or                   levels of government.’’ This proposed
                                                  commodities, including cauliflower and                  revocations might significantly impact a              rule directly regulates growers, food
                                                  sugar beet at 0.01 mg/kg; fat of cattle,                substantial number of small entities and              processors, food handlers, and food
                                                  poultry, and sheep, meat of cattle, hogs,               concluded that, as a general matter,                  retailers, not States. This proposed rule
                                                  sheep, and poultry, and cotton seed at                  these actions do not impose a significant             does not alter the relationships or
                                                  0.05 mg/kg; and lemon at 0.2 mg/kg.                     economic impact on a substantial                      distribution of power and
                                                  These MRLs are different than the                       number of small entities. These analyses              responsibilities established by Congress
                                                  tolerances, proposed for revocation, for                for tolerance establishments and                      in the preemption provisions of FFDCA
                                                  oxydemeton-methyl in the United States                  modifications, and for tolerance                      section 408(n)(4). For these same
                                                  because of differences in use patterns,                 revocations were published in the                     reasons, the Agency has determined that
                                                  and/or good agricultural practices.                     Federal Register of May 4, 1981 (46 FR                this proposed rule does not have any
                                                                                                          24950) and December 17, 1997 (62 FR                   ‘‘tribal implications’’ as described in
                                                  IV. Statutory and Executive Order                       66020) (FRL–5753–1), respectively, and                Executive Order 13175, entitled
                                                  Reviews                                                 were provided to the Chief Counsel for                ‘‘Consultation and Coordination with
                                                    In this proposed rule, EPA is                         Advocacy of the Small Business                        Indian Tribal Governments’’ (65 FR
                                                  proposing to establish tolerances under                 Administration. Taking into account                   67249, November 9, 2000). Executive
                                                  FFDCA section 408(e), and also modify                   this analysis, and available information              Order 13175, requires EPA to develop
                                                  and revoke specific tolerances                          concerning the pesticides listed in this              an accountable process to ensure
                                                  established under FFDCA section 408.                    proposed rule, the Agency hereby                      ‘‘meaningful and timely input by tribal
                                                  The Office of Management and Budget                     certifies that this proposed rule will not            officials in the development of
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                                                  (OMB) has exempted these types of                       have a significant negative economic                  regulatory policies that have tribal
                                                  actions (e.g., establishment and                        impact on a substantial number of small               implications.’’ ‘‘Policies that have tribal
                                                  modification of a tolerance and                         entities. In a memorandum dated May                   implications’’ is defined in the
                                                  tolerance revocation for which                          25, 2001, EPA determined that eight                   Executive order to include regulations
                                                  extraordinary circumstances do not                      conditions must all be satisfied in order             that have ‘‘substantial direct effects on
                                                  exist) from review under Executive                      for an import tolerance or tolerance                  one or more Indian tribes, on the
                                                  Order 12866, entitled ‘‘Regulatory                      exemption revocation to adversely affect              relationship between the Federal
                                                  Planning and Review’’ (58 FR 51735,                     a significant number of small entity                  Government and the Indian tribes, or on


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                                                                                  Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                                                                                42537

                                                  the distribution of power and                                               § 180.183          [Removed]                                                 specified in this paragraph (a) is to be
                                                  responsibilities between the Federal                                        ■ 2. Remove § 180.183.                                                       determined by measuring only the sum
                                                  Government and Indian tribes.’’ This                                        ■ 3. In § 180.202, revise the introductory                                   of dichlobenil (2,6-dichlorobenzonitrile)
                                                  proposed rule will not have substantial                                     text in paragraph (a) to read as follows:                                    and its BAM metabolite (2,6-
                                                  direct effects on tribal governments, on                                                                                                                 dichlorobenzamide), calculated as the
                                                  the relationship between the Federal                                        § 180.202 p-Chlorophenoxyacetic acid;
                                                                                                                              tolerances for residues.
                                                                                                                                                                                                           stoichiometric equivalent of
                                                  Government and Indian tribes, or on the                                                                                                                  dichlobenil, in or on the commodity.
                                                  distribution of power and                                                     (a) General. A tolerance is established
                                                  responsibilities between the Federal                                        for residues of the plant regulator p-                                                                                            Parts per
                                                                                                                              chlorophenoxyacetic acid, including its                                                       Commodity
                                                  Government and Indian tribes, as                                                                                                                                                                               million
                                                  specified in Executive Order 13175.                                         metabolites and degradates, in or on the
                                                  Thus, Executive Order 13175 does not                                        commodity in the table in this                                                Apple .........................................           0.50
                                                  apply to this proposed rule.                                                paragraph (a). Compliance with the                                            Bushberry subgroup 13–07B ....                            0.15
                                                                                                                              tolerance level specified in this                                             Caneberry subgroup 13–07A ...                             0.10
                                                  List of Subjects in 40 CFR Part 180                                         paragraph (a) is to be determined by                                          Cherry .......................................            0.15
                                                    Environmental protection,                                                 measuring only p-chlorophenoxyacetic                                          Cranberry ..................................              0.10
                                                  Administrative practice and procedure,                                      acid, in or on the commodity.                                                 Grape ........................................            0.15
                                                  Agricultural commodities, Pesticides                                        *     *     *     *    *                                                      Hazelnut ....................................             0.10
                                                  and pests, Reporting and recordkeeping                                                                                                                    Pear ..........................................           0.50
                                                  requirements.                                                               § 180.211          [Removed]                                                  Rhubarb ....................................              0.06
                                                    Dated: June 23, 2017.                                                     ■ 4. Remove § 180.211.
                                                                                                                              ■ 5. In § 180.231, revise paragraph (a) to                                   *     *     *     *     *
                                                  Richard P. Keigwin, Jr.,
                                                                                                                              read as follows:                                                             ■ 6. In § 180.330, revise the tables in
                                                  Acting Director, Office of Pesticide Programs.
                                                                                                                              § 180.231 Dichlobenil; tolerances for                                        paragraphs (a)(1), (a)(2), and (c) to read
                                                    Therefore, it is proposed that 40 CFR                                                                                                                  as follows:
                                                  part 180 be amended as follows:                                             residues.
                                                                                                                                (a) General. Tolerances are                                                § 180.330 S-(2-(Ethylsulfinyl)ethyl) O,O-
                                                  PART 180—[AMENDED]                                                          established for residues of dichlobenil,                                     dimethyl phosphorothioate; tolerances for
                                                                                                                              including its metabolites and                                                residues.
                                                  ■ 1. The authority citation for part 180                                    degradates, in or on the commodities in
                                                  continues to read as follows:                                               the table in this paragraph (a).                                                 (a) * * *
                                                      Authority: 21 U.S.C. 321(q), 346a and 371.                              Compliance with the tolerance levels                                             (1) * * *

                                                                                                                                                                                                                                                              Expiration/
                                                                                                                                                                                                                                     Parts per
                                                                                                                               Commodity                                                                                                                      revocation
                                                                                                                                                                                                                                      million                    date

                                                  Alfalfa, forage ...........................................................................................................................................................                    5.0              12/31/17
                                                  Alfalfa, hay ...............................................................................................................................................................                    11              12/31/17
                                                  Bean, lima ................................................................................................................................................................                   0.20              12/31/17
                                                  Beet, sugar, roots ....................................................................................................................................................                       0.30              12/31/17
                                                  Beet, sugar, tops .....................................................................................................................................................                       0.50              12/31/17
                                                  Broccoli ....................................................................................................................................................................                  1.0              12/31/17
                                                  Brussels sprouts ......................................................................................................................................................                        1.0              12/31/17
                                                  Cabbage ..................................................................................................................................................................                     2.0              12/31/17
                                                  Cauliflower ...............................................................................................................................................................                    1.0              12/31/17
                                                  Clover, forage ..........................................................................................................................................................                      5.0              12/31/17
                                                  Clover, hay ...............................................................................................................................................................                   10.0              12/31/17
                                                  Corn, sweet, forage .................................................................................................................................................                          1.0              12/31/17
                                                  Corn, sweet, kernel plus cob with husks removed .................................................................................................                                             0.50              12/31/17
                                                  Corn, sweet, stover ..................................................................................................................................................                         3.0              12/31/17
                                                  Cotton, undelinted seed ...........................................................................................................................................                           0.02              12/31/17
                                                  Cucumber ................................................................................................................................................................                      1.0              12/31/17
                                                  Eggplant ...................................................................................................................................................................                   1.0              12/31/17
                                                  Grapefruit .................................................................................................................................................................                   1.0              12/31/17
                                                  Hazelnut ...................................................................................................................................................................                  0.05              12/31/17
                                                  Lemon ......................................................................................................................................................................                   1.0              12/31/17
                                                  Lettuce, head ...........................................................................................................................................................                      2.0              12/31/17
                                                  Melon .......................................................................................................................................................................                 0.20              12/31/17
                                                  Onion, bulb ..............................................................................................................................................................                    0.05              12/31/17
                                                  Orange .....................................................................................................................................................................                   1.0              12/31/17
                                                  Pepper .....................................................................................................................................................................                  0.75              12/31/17
                                                  Peppermint, tops ......................................................................................................................................................                       12.5              12/31/17
                                                  Pumpkin ...................................................................................................................................................................                   0.20              12/31/17
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Safflower, seed ........................................................................................................................................................                       1.0              12/31/17
                                                  Sorghum, forage, forage ..........................................................................................................................................                             2.0              12/31/17
                                                  Sorghum, grain, forage ............................................................................................................................................                            2.0              12/31/17
                                                  Sorghum, grain, grain ..............................................................................................................................................                          0.75              12/31/17
                                                  Spearmint, tops ........................................................................................................................................................                      12.5              12/31/17
                                                  Squash, summer ......................................................................................................................................................                          1.0              12/31/17
                                                  Squash, winter .........................................................................................................................................................                      0.30              12/31/17
                                                  Strawberry ................................................................................................................................................................                    2.0              12/31/17
                                                  Walnut ......................................................................................................................................................................                 0.05              12/31/17



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                                                  42538                             Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules

                                                      (2) * * *

                                                                                                                                                                                                                                                        Expiration/
                                                                                                                                                                                                                                     Parts per
                                                                                                                                Commodity                                                                                                               revocation
                                                                                                                                                                                                                                      million              date

                                                  Cattle, fat .................................................................................................................................................................                0.01         12/31/17
                                                  Cattle, meat .............................................................................................................................................................                   0.01         12/31/17
                                                  Cattle, meat byproducts ...........................................................................................................................................                          0.01         12/31/17
                                                  Egg ...........................................................................................................................................................................              0.01         12/31/17
                                                  Goat, fat ...................................................................................................................................................................                0.01         12/31/17
                                                  Goat, meat ...............................................................................................................................................................                   0.01         12/31/17
                                                  Goat, meat byproducts ............................................................................................................................................                           0.01         12/31/17
                                                  Hog, fat ....................................................................................................................................................................                0.01         12/31/17
                                                  Hog, meat ................................................................................................................................................................                   0.01         12/31/17
                                                  Hog, meat byproducts .............................................................................................................................................                           0.01         12/31/17
                                                  Horse, fat .................................................................................................................................................................                 0.01         12/31/17
                                                  Horse, meat .............................................................................................................................................................                    0.01         12/31/17
                                                  Horse, meat byproducts ..........................................................................................................................................                            0.01         12/31/17
                                                  Milk ...........................................................................................................................................................................             0.01         12/31/17
                                                  Poultry, fat ................................................................................................................................................................                0.01         12/31/17
                                                  Poultry, meat ............................................................................................................................................................                   0.01         12/31/17
                                                  Poultry, meat byproducts .........................................................................................................................................                           0.01         12/31/17
                                                  Sheep, fat ................................................................................................................................................................                  0.01         12/31/17
                                                  Sheep, meat ............................................................................................................................................................                     0.01         12/31/17
                                                  Sheep, meat byproducts ..........................................................................................................................................                            0.01         12/31/17



                                                  *       *   *                 *         *                                                                                               Parts per              (d)(1) Indirect or inadvertent residues.
                                                                                                                                                 Commodity
                                                      (c) * * *                                                                                                                            million            Tolerances are established for indirect
                                                                                                                                                                                                              or inadvertent residues of the
                                                                                                          Expiration/           Hog, fat .......................................                   0.05       insecticide cyromazine, including its
                                                                                      Parts per                                 Hog, meat ...................................                      0.30
                                                        Commodity                                         revocation                                                                                          metabolites and degradates, in or on the
                                                                                       million               date               Hog, meat byproducts ................                              0.30       commodities in the table in this
                                                                                                                                Horse, fat ....................................                    0.05
                                                  Broccoli raab .........                        2.0          12/31/17                                                                                        paragraph (d)(1) when present therein as
                                                                                                                                Horse, meat ................................                       0.30
                                                                                                                                Horse, meat byproducts .............                               0.30       a result of the application of cyromazine
                                                  *        *          *         *         *                                     Leek ............................................                   3.0       to growing crops listed in paragraph
                                                                                                                                Mango 1 .......................................                    0.50       (a)(1) of this section. Compliance with
                                                  § 180.407         [Amended]                                                                                                                                 the tolerance levels specified in this
                                                                                                                                Milk .............................................                 0.10
                                                  ■  7. In § 180.407, remove the entries for                                    Mushroom ...................................                        8.0       paragraph (d)(1) is to be determined by
                                                  ‘‘Broccoli,’’ ‘‘Cabbage,’’ ‘‘Cauliflower,’’                                   Onion, bulb, subgroup 3–07A ....                                   0.30       measuring only cyromazine, N-
                                                  ‘‘Corn, sweet, kernel plus cob with                                           Onion, green ...............................                        3.0       cyclopropyl-1,3,5-triazine-2,4,6-
                                                  husks removed,’’ and ‘‘Vegetable, leafy,                                      Onion, potato ..............................                        3.0       triamine, in or on the commodity.
                                                  except brassica, group 4’’ from the table                                     Onion, tree ..................................                      3.0
                                                  in paragraph (a).                                                             Onion, welsh ...............................                        3.0                                                 Parts per
                                                                                                                                                                                                                             Commodity
                                                  ■ 8. In § 180.414, revise the table in                                        Pepper ........................................                     3.0                                                  million
                                                  paragraph (a)(1), and revise paragraph                                        Potato .........................................                   0.80
                                                                                                                                Poultry, fat (from chicken layer                                              Cotton, undelinted seed .......                   0.10
                                                  (d) to read as follows:                                                                                                                                     Corn, sweet, kernel plus cob
                                                                                                                                  hens and chicken breeder
                                                  § 180.414 Cyromazine; tolerances for                                            hens only) ...............................                       0.05         with husks removed ..........                   0.50
                                                                                                                                Poultry, meat (from chicken layer                                             Corn, sweet, forage ..............                0.50
                                                  residues.
                                                                                                                                  hens and chicken breeder                                                    Corn, sweet, stover ..............                0.50
                                                      (a) * * *                                                                                                                                               Radish, roots ........................            0.50
                                                                                                                                  hens only) ...............................                       0.10
                                                      (1) * * *                                                                 Poultry, meat byproducts (from                                                Radish, tops ..........................           0.50
                                                                                                                                  chicken layer hens and chick-
                                                                   Commodity                                Parts per             en breeder hens only) .............            (2) Indirect or inadvertent residues.
                                                                                                                                                                                                   0.20
                                                                                                             million                                                          Tolerances are established for indirect
                                                                                                                                Rakkyo, bulb ...............................                       0.20
                                                                                                                                Shallot, bulb ................................or inadvertent residues of the
                                                                                                                                                                                                   0.20
                                                  Bean, dry, except cowpea ..........                                 3.0
                                                  Bean, lima ...................................                      1.0       Shallot, fresh leaves ...................     insecticide cyromazine, including its
                                                                                                                                                                                                    3.0
                                                  Bean, succulent ..........................                          2.0       Sheep, fat ...................................metabolites and degradates, in or on the
                                                                                                                                                                                                   0.05
                                                  Broccoli .......................................                    1.0       Sheep, meat ...............................                        0.30
                                                                                                                                                                              commodities in the table in this
                                                  Cabbage, abyssinian ..................                               10       Sheep, meat byproducts ............                                0.30
                                                                                                                                                                              paragraph (d)(2) when present therein as
                                                  Cabbage, seakale .......................                             10       Tomato ........................................                     1.0
                                                                                                                                                                              a result of the application of fertilizer
                                                  Cattle, fat ....................................                   0.05       Turnip, greens ............................                          10
                                                                                                                                                                              containing cyromazine to growing crops
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Cattle, meat ................................                      0.30       Vegetable, brassica, leafy, group             that do not have a higher tolerance in
                                                  Cattle, meat byproducts .............                              0.30         5, except broccoli .................... 35
                                                                                                                                                                              paragraph (a)(1) of this section.
                                                  Egg .............................................                  0.30       Vegetable, leafy, except bras-
                                                  Garlic ..........................................                  0.20         sica, group 4 ...........................10 Compliance with the tolerance levels
                                                  Garlic, great-headed, bulb ..........                              0.20       Vegetable, cucurbit, group 9 ......       2.0 specified in this paragraph (d)(2) is to be
                                                  Goat, fat ......................................                   0.05                                                     determined by measuring only
                                                                                                                                  1 There are no U.S. registrations on mango
                                                  Goat, meat ..................................                      0.30                                                     cyromazine, N-cyclopropyl-1,3,5-
                                                                                                                                as of May 4, 2000.
                                                  Goat, meat byproducts ...............                              0.30                                                     triazine-2,4,6-triamine, in or on the
                                                  Hanover salad, leaves ................                               10       *     *     *      *    *                     commodity.


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                                                                                  Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules                                                                 42539

                                                                                                  Parts per          § 180.498 Sulfentrazone; tolerances for                                                                    Parts per
                                                               Commodity                                             residues.                                                                 Commodity
                                                                                                   million                                                                                                                       million
                                                                                                                         (a) * * *
                                                  Grain, cereal, forage, fodder                                                                                                    Grain, cereal, group 15, ex-
                                                    and straw, group 16 ..........                            0.60       (2) * * *                                                   cept sweet corn; bran .......                     0.15
                                                  Grain, cereal, group 15 ........                            0.60
                                                  Herbs and spices, group 19                                  0.60                                                   Parts per
                                                                                                                                  Commodity                                        § 180.539       [Removed]
                                                  Oilseed, group 20 .................                         0.60                                                    million
                                                  Onion, bulb, subgroup 3–07A                                 0.60                                                                 ■   12. Remove § 180.539.
                                                  Strawberry ............................                     0.60   Apple .....................................            0.15
                                                                                                                     Asparagus .............................                0.15   § 180.594       [Amended]
                                                  Vegetable, foliage of legume,
                                                    group 7 ..............................                    0.60   Berry and small fruit, group                                  ■ 13. In § 180.594, in the table in
                                                  Vegetable, fruiting, group 8–                                        13–07 ................................               0.15   paragraph (a), remove the text ‘‘Peach
                                                    10 ......................................                 0.60   Brassica, head and stem,                                      subgroup 12–12C 1’’, add in its place the
                                                  Vegetable, leaves of root                                            subgroup 5A ......................                   0.20
                                                                                                                                                                                   text ‘‘Plum subgroup 12–12C 1’’, and
                                                    and tuber, group 2 ............                           0.60   Brassica, leafy greens, sub-
                                                                                                                       group 5B ...........................                 0.40   designate the entry for ‘‘Plum subgroup
                                                  Vegetable, legume, group 6                                  0.60                                                                 12–12C 1’’ in alphabetical order.
                                                  Vegetable, root and tuber,                                         Corn, field, forage .................                  0.20
                                                                                                                     Corn, field, grain ...................                 0.15   ■ 14. In § 180.650, revise the table in
                                                    group 1 ..............................                    0.60
                                                                                                                     Corn, field, stover .................                  0.30   paragraph (a) to read as follows:
                                                                                                                     Flax, seed .............................               0.15
                                                  ■ 9. In § 180.415, revise the table in                             Fruit, citrus, group 10–10 .....                       0.15   § 180.650 Isoxaben; tolerances for
                                                  paragraph (a) to read as follows:                                  Horseradish ..........................                 0.20   residues.
                                                                                                                     Melon, subgroup 9A .............                       0.15       (a) * * *
                                                  § 180.415 Aluminum tris (O-                                        Nut, tree, group 14–12 .........                       0.15
                                                  ethylphosphonate); tolerances for residues.                        Pea and bean, dried shelled,                                                                               Parts per
                                                                                                                       except soybean, subgroup                                                Commodity
                                                      (a) * * *                                                                                                                                                                  million
                                                                                                                       6C ......................................            0.15
                                                                                                  Parts per          Pea, succulent ......................                  0.15   Almond, hulls ........................              0.40
                                                               Commodity                                             Peanut ..................................              0.20   Grape ....................................          0.01
                                                                                                   million
                                                                                                                     Peanut, meal ........................                  0.40   Nut, tree group 14–12 ..........                    0.02
                                                  Avocado ................................                      25   Peppermint, tops ..................                    0.30
                                                  Banana .................................                     3.0   Rhubarb ................................               0.15   *     *     *    *    *
                                                  Bushberry subgroup 13–07B                                     40   Spearmint, tops ....................                   0.30   ■ 15. Add § 180.1342 to subpart D to
                                                  Caneberry subgroup 13–07A                                   0.05   Sugarcane, cane ..................                     0.15   read as follows:
                                                  Cranberry ..............................                     0.5   Sugarcane, molasses ...........                        0.20
                                                  Fruit, citrus, group 10–10 .....                             9.0   Sunflower subgroup 20B ......                          0.20   § 180.1342 d-Limonene; exemption from
                                                  Fruit, pome, group 11–10 .....                                10   Turnip, roots .........................                0.15   the requirement of a tolerance.
                                                  Ginseng ................................                    0.05   Turnip, tops ...........................               0.60
                                                                                                                     Vegetable, fruiting, group 8–
                                                                                                                                                                                     (a) An exemption from the
                                                  Hop, dried cones ..................                           45                                                                 requirement   of a tolerance is established
                                                  Juneberry ..............................                      40     10 ......................................              0.15
                                                  Lingonberry ...........................                       40   Vegetable, soybean, suc-                                      for residues of d-limonene, (4R)-1-
                                                  Nut, macadamia ...................                          0.20     culent .................................               0.15 methyl-4-(1-methylethenyl)cyclohexene,
                                                  Onion, bulb ...........................                     0.50   Vegetable, tuberous and                                       in or on all food commodities when
                                                  Onion, green .........................                        10     corm, subgroup 1C ...........                          0.15 applied as an herbicide used in
                                                  Pea, succulent ......................                       0.30                                                                 accordance with good agricultural
                                                  Pepper/eggplant, subgroup                                          *       *   *              *         *                        practices.
                                                    8–10B ................................                    0.01       (d) * * *                                                   (b) A exemption from the requirement
                                                  Pineapple ..............................                    0.10                                                                 of a tolerance is established for residues
                                                  Salal ......................................                  40                                                   Parts per     of d-limonene, (4R)-1-methyl-4-(1-
                                                  Strawberry ............................                       75                Commodity                           million      methylethenyl)cyclohexene, in or on all
                                                  Tomato ..................................                    3.0
                                                  Turnip, greens ......................                         40                                                                 food commodities when applied as an
                                                                                                                     Grain, cereal (excluding
                                                  Turnip, roots .........................                       15     sweet corn), hulls ..............                      0.30
                                                                                                                                                                                   insecticide in kitchens and pantries.
                                                  Vegetable, brassica, leafy,                                        Grain, cereal, forage, fodder                                 ■ 16. Add § 180.1343 to subpart D to
                                                    group 5 ..............................                     60      and straw, group 16, ex-                                    read as follows:
                                                  Vegetable, cucurbit, group 9                                 15      cept sweet corn; forage ....                         0.20
                                                  Vegetable, leafy, except                                                                                                         § 180.1343 Tartrazine; exemption from the
                                                                                                                     Grain, cereal, forage, fodder
                                                    brassica, group 4 ..............                          100                                                                  requirement of a tolerance.
                                                                                                                       and straw, group 16, ex-
                                                                                                                       cept sweet corn; hay .........                       0.20     An exemption from the requirement
                                                  *        *        *         *        *                             Grain, cereal, forage, fodder                                 of a tolerance is established for residues
                                                                                                                       and straw, group 16, ex-                                    of tartrazine (F.D.&C. Yellow No. 5 or
                                                  § 180.467        [Removed]                                           cept sweet corn; stover .....                        0.10   Acid Yellow 23), in or on all food
                                                  ■ 10. Remove § 180.467.                                            Grain, cereal, forage, fodder                                 commodities when used as an aquatic
                                                                                                                       and straw, group 16, ex-                                    plant control agent.
                                                  ■ 11. In § 180.498, revise the tables in                             cept sweet corn; straw ......                        0.60
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  paragraphs (a)(2) and (d) to read as                               Grain, cereal, group 15, ex-                                  [FR Doc. 2017–18780 Filed 9–7–17; 8:45 am]
                                                  follows:                                                             cept sweet corn .................                    0.10   BILLING CODE 6560–50–P




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Document Created: 2018-10-24 14:09:55
Document Modified: 2018-10-24 14:09:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before November 7, 2017.
ContactJoseph Nevola, Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
FR Citation82 FR 42531 
RIN Number2070-ZA16
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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