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

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

October 2, 2015 (80 FR 59593) (FRL– 

9933–30). If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What direct final SNURs are being 

withdrawn? 

In the Federal Register of October 2, 

2015, EPA issued direct final SNURs for 

the chemical substances that are 

identified in this document. These 

direct final SNURs were issued under 

the procedures in 40 CFR part 721, 

subpart D. Because the Agency received 

notices of intent to submit adverse 

comments, in accordance with 

§ 721.160(c)(3)(ii), EPA is withdrawing 

the direct final SNURs issued for the 

following chemical substances, which 

were the subject of PMNs: Isocyanate 

prepolymer (generic), (PMN No. P–15– 

221); methylene diisocyanate polymer 

with diols and triols (generic), (PMN 

No. P–15–247); and polymer of 

isophorone diisocyanate and amineterminated propoxylatedpolyol 

(generic), (PMN No. P–15–278). EPA 

intends to publish proposed SNURs for 

the chemical substances identified in 

this document. 

For further information regarding 

EPA’s direct final rulemaking 

procedures for issuing SNURs, see 40 

CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). 

III. Statutory and Executive Order 

Reviews 

This action withdraws regulatory 

requirements that have not gone into 

effect and which contain no new or 

amended requirements. As such, the 

Agency has determined that this action 

will not have any adverse impacts, 

economic or otherwise. The statutory 

and Executive Order review 

requirements applicable to the direct 

final rule were discussed in the Federal 

Register of October 2, 2015. Those 

review requirements do not apply to 

this action because it is a withdrawal 

and does not contain any new or 

amended requirements. 

IV. Congressional Review Act (CRA) 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: November 12, 2015. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136– 

136y;15 U.S.C. 2001, 2003, 2005, 2006, 2601– 

2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 

9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 

1314, 1318, 1321, 1326, 1330, 1342, 1344, 

1345 (d) and (e), 1361; E.O. 11735, 38 FR 

21243, 3 CFR, 1971–1975 Comp. p. 973; 42 

U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g– 

1, 300g–2, 300j–2, 300j–3, 300j–4, 300j–9, 

1857 et seq., 6901–6992k, 7401–7671q, 7542, 

9601–9657, 11023, 11048. 

§ 9.1 [Amended] 

■ 2. In the table in § 9.1, under the 

undesignated center heading 

‘‘Significant New Uses of Chemical 

Substances,’’ remove §§ 721.10871, 

721.10873, and 721.10874. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§§ 721.10871 [Removed] 

■ 4. Remove §§ 721.10871. 

§§ 721.10873 and 721.10874 [Removed] 

■ 5. Remove §§ 721.10873 and 

721.10874. 

[FR Doc. 2015–29596 Filed 11–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0194; FRL–9935–01] 

Amitraz, Carfentrazone-ethyl, 

Ethephon, Malathion, Mancozeb, et al.; 

Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking certain 

tolerances for the fungicides 

spiroxamine and triflumizole, the 

herbicides carfentrazone-ethyl and 

quizalofop ethyl; the insecticides 

amitraz, oxamyl, propetamphos, and 

spinosad; the plant growth regulators 

ethephon and mepiquat; and the 

tolerance on rice straw for multiple 

active ingredients. Also, EPA is 

modifying certain tolerances for the 

fungicides mancozeb, thiram, and 

triflumizole. In addition, EPA is 

establishing new tolerances for the 

fungicide mancozeb. Also, in 

accordance with current Agency 

practice, EPA is making minor revisions 

to the tolerance expressions for 

mepiquat and thiram. In addition, EPA 

is restoring the listings of tolerances on 

bulb onion and pear for methomyl 

residues to remedy inadvertent drafting 

errors and cover existing registrations. 

EPA is deferring a decision on the 

malathion tolerances at this time. 

DATES: This regulation is effective May 

18, 2016, except for the amendments to 

40 CFR 180.253 (the restorations of the 

bulb onion and pear tolerances for 

methomyl), which are effective 

November 20, 2015. Objections and 

requests for hearings must be received 

on or before January 19, 2016, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0194, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 


tkelley on DSK3SPTVN1PROD with RULES
72594 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Pesticide Re-Evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; email address: 

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under the Federal Food, Drug, and 

Cosmetic Act (FFDCA) section 408(g), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0194 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before January 19, 2016. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0194, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Background 

A. What action is the agency taking? 

In the Federal Register of July 11, 

2014 (79 FR 40043) (FRL–9910–45), 

EPA issued a proposed rule, in followup to canceled uses, to revoke specific 

tolerances for amitraz, carfentrazoneethyl, ethephon, mepiquat, oxamyl, 

propetamphos, quizalofop ethyl, 

spinosad, spiroxamine, and triflumizole. 

Also, because rice straw is no longer 

considered by the Agency to be a 

significant feed item, EPA proposed to 

revoke the tolerance on rice straw for 

multiple active ingredients. In follow-up 

to reregistration, EPA proposed to 

modify tolerances for malathion and 

mancozeb, and also establish tolerances 

for mancozeb, and post-reregistration 

follow-up to modify specific tolerances 

for thiram and triflumizole. In addition, 

the Agency proposed minor revisions to 

the tolerance expressions for malathion, 

mepiquat, and thiram. The proposal 

provided a 60-day comment period. 

Since the proposed rule, in the 

Federal Register of March 27, 2015 (80 

FR 16302) (FRL–9924–86), the Agency 

published a final rule that removed the 

expiration/revocation date for the 

thiram tolerance in 40 CFR 180.132 on 

banana at 0.80 parts per million (ppm) 

for thiram residues. Also, in the Federal 

Register of June 19, 2015 (80 FR 35249) 

(FRL–9928–82), the Agency published a 

final rule that established a thiram 

tolerance in 40 CFR 180.132 on avocado 

at 15 ppm for thiram residues. 

EPA is finalizing specific mancozeb 

tolerance actions in order to implement 

the tolerance recommendations made 

during the reregistration and tolerance 

reassessment processes (including 

follow-up on canceled or additional 

uses of pesticides). As part of these 

processes, EPA is required to determine 

whether each of the amended tolerances 

meets the safety standard of FFDCA. 

The safety finding determination of 

‘‘reasonable certainty of no harm’’ is 

discussed in detail in each 

Reregistration Eligibility Decision (RED) 

and Report on FQPA Tolerance 

Reassessment Progress and Interim Risk 

Management Decision (TRED) for the 

active ingredient. REDs and TREDs 

recommend the implementation of 

certain tolerance actions, including 

modifications, to reflect current use 

patterns, to meet safety findings and 

change commodity names and 

groupings in accordance with new EPA 

policy. Printed copies of many REDs 

and TREDs may be obtained from EPA’s 

National Service Center for 

Environmental Publications (EPA/

NSCEP), P.O. Box 42419, Cincinnati, 

OH 45242–2419; telephone number: 

(800) 490–9198; fax number: (513) 489– 

8695; Internet at http://www.epa.gov/

ncepihom and from the National 

Technical Information Service (NTIS), 

5285 Port Royal Rd., Springfield, VA 

22161; telephone number: (800) 553– 

6847 or (703) 605–6000; Internet at 

http://www.ntis.gov. Electronic copies of 

REDs and TREDs are available on the 

Internet at http://www.regulations.gov 

and http://www.epa.gov/pesticides/

reregistration/status.htm. 

In this final rule, EPA is revoking 

certain tolerances and/or tolerance 

exemptions because either they are no 

longer needed or are associated with 

food uses that are no longer registered 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

in the United States. Those instances 

where registrations were canceled were 

because the registrant failed to pay the 

required maintenance fee and/or the 

registrant voluntarily requested 

cancellation of one or more registered 

uses of the pesticide active ingredient. 

The tolerances revoked by this final rule 

are no longer necessary to cover 

residues of the relevant pesticides in or 

on domestically treated commodities or 

commodities treated outside but 

imported into the United States. It is 

EPA’s general practice to issue a final 

rule revoking those tolerances and 

tolerance exemptions for residues of 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations 72595 

pesticide active ingredients on crop uses 

for which there are no active 

registrations under FIFRA, unless any 

person in comments on the proposal 

indicates a need for the tolerance or 

tolerance exemption to cover residues in 

or on imported commodities or legally 

treated domestic commodities. 

EPA has historically been concerned 

that retention of tolerances that are not 

necessary to cover residues in or on 

legally treated foods may encourage 

misuse of pesticides within the United 

States. 

Generally, EPA will proceed with the 

revocation of these tolerances on the 

grounds discussed in Unit II.A. if one of 

the following conditions applies: 

1. Prior to EPA’s issuance of a FFDCA 

section 408(f) order requesting 

additional data or issuance of a FFDCA 

section 408(d) or (e) order revoking the 

tolerances on other grounds, 

commenters retract the comment 

identifying a need for the tolerance to be 

retained. 

2. EPA independently verifies that the 

tolerance is no longer needed. 

3. The tolerance is not supported by 

data that demonstrate that the tolerance 

meets the requirements under the Food 

Quality Protection Act (FQPA). 

This final rule does not revoke those 

tolerances for which EPA received 

comments stating a need for the 

tolerance to be retained. Among the 

comments received by EPA, are the 

following: 

1. General—i. Comment by private 

citizen. An anonymous comment was 

received which expressed concerns 

about the toxicity of pesticides in 

general. 

Agency response. The commenter did 

not take issue with the Agency’s specific 

conclusions to revoke, modify, establish 

tolerances, or revise tolerance 

expressions. Also, the commenter did 

not refer to any specific studies which 

pertain to those conclusions. The 

Agency has not changed its previous 

determination that the tolerances in 

question are safe and is therefore not 

making any changes in response to these 

comments. 

2. Specific chemical comments—i. 

Oxamyl-Comment by DuPont Crop 

Protection. The commenter requested 

that the soybean seed tolerance for 

oxamyl be retained for possible future 

actions. DuPont noted that since the 

soybean use was deleted from oxamyl 

labels in 2006 via EPA’s approval of its 

request for voluntary cancellation, 

growers have experienced an increasing 

need for management of soybean cyst 

nematode. 

Agency response. The use of oxamyl 

on soybean was officially canceled 

under section 6(f)(1) of FIFRA, 7 U.S.C. 

136d(f)(1), under which a registrant of a 

pesticide product may request that the 

product registration be canceled or 

amended to terminate one or more uses. 

Because EPA canceled the soybean use 

in response to DuPont’s request, and no 

other oxamyl products include a use on 

soybeans, there is currently no legal use 

of oxamyl on soybeans. EPA will not 

retain the tolerance based on the 

possibility that someone may apply for 

a new use on soybean in the future. 

Tolerances are generally maintained for 

current uses. Therefore, EPA is revoking 

the tolerance for oxamyl in 40 CFR 

180.303(a) on soybean, seed. 

EPA is considering the public 

comments received on malathion in 

response to the proposed rule of July 11, 

2014 and is thus deferring a decision on 

the malathion tolerances at this time. 

The Agency will respond to the 

comments in a future notice to be 

published in the Federal Register. 

With the exception of malathion and 

oxamyl, the Agency did not receive any 

specific comments in the docket, during 

the 60-day comment period, concerning 

proposed tolerance actions associated 

with pesticide active ingredients, as 

described in the Federal Register of July 

11, 2014. Therefore, the exceptions of 

malathion, EPA is finalizing 

amendments in the proposed rule of 

July 11, 2014. Also, EPA is maintaining 

both the establishment of the thiram 

tolerance on avocado (now in newly 

codified 40 CFR 180.132(a)(1) for thiram 

residues), and the removal of the 

expiration/revocation date on the thiram 

tolerance on banana (now in newly 

codified 40 CFR.180.132(a)(2) for carbon 

disulfide residues). In addition, EPA is 

finalizing the amendments in the 

proposed rule of July 11, 2014 for 

thiram tolerances on apple, banana, 

peach, and strawberry (now in newly 

codified 40 CFR 180.132(a)(2) for carbon 

disulfide residues). For a detailed 

discussion of the Agency’s rationale for 

the finalized tolerance actions, refer to 

the proposed rule of July 11, 2014. 

In this final rule EPA is also making 

corrections to two unrelated provisions. 

In the Federal Register of May 9, 2012 

(77 FR 27164) (FRL–9345–2), EPA 

issued a proposed rule covering 

multiple pesticide active ingredients, 

including methomyl. In that rule, in 

order to conform to current Agency 

practice, EPA proposed to revise the 

tolerance commodity terminology, in 40 

CFR 180.253 for methomyl, for 

vegetable, root (an outdated term) at 

0.2(N) ppm to vegetable, root and tuber, 

group 1 at 0.2 ppm. Also, EPA proposed 

to make minor revisions to the tolerance 

expressions for methomyl in 40 CFR 

180.253(a) and (c). In follow-up, EPA 

promulgated a final rule in the Federal 

Register of September 26, 2012 (77 FR 

59120) (FRL–9358–8) with an effective 

date of March 25, 2013. However, the 

outdated tolerance term ‘‘vegetable, 

root’’ had covered the use on bulb 

onions. Therefore, the terminology 

revision by EPA inadvertently removed 

a tolerance which covered methomyl 

residues in or on bulb onions. Also, 

while EPA revised the methomyl 

tolerance expressions in 180.253(a) and 

(c), EPA inadvertently removed the table 

under paragraph (c), which contained 

an entry for a regional tolerance on pear 

at 4 ppm. Yet, active registrations for 

use of methomyl on bulb onions and 

pears existed at that time and now. 

Consequently, in this final rule, EPA is 

restoring coverage for methomyl 

residues on the bulb onion commodity 

as an individual tolerance in 40 CFR 

180.253(a) for onion, dry bulb at 0.2 

ppm and in 40 CFR 180.253(c) on pear 

at 4 ppm. 

EPA is issuing these tolerance actions 

for methomyl in this final rule for this 

purpose without notice and opportunity 

to comment. Section 553(b)(3)(B) of the 

Administrative Procedure Act provides 

that notice and comment is not 

necessary ‘‘when the agency for good 

cause finds (and incorporates the 

finding and a brief statement of reasons 

therefore in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ EPA finds good 

cause here because restoring the listings 

of tolerance coverages on bulb onion 

and pear for methomyl residues merely 

corrects two inadvertent drafting errors. 

As such, notice and comment is 

unnecessary. 

B. What is the agency’s authority for 

taking this action? 

EPA may issue a regulation 

establishing, modifying, or revoking a 

tolerance under FFDCA section 408(e). 

In this final rule, EPA is establishing, 

modifying, and revoking tolerances to 

implement the tolerance 

recommendations made in the RED for 

mancozeb during the reregistration and 

tolerance reassessment processes, and as 

follow-up on canceled uses of 

pesticides. 

C. When do these actions become 

effective? 

As stated in the DATES section, this 

regulation is effective May 18, 2016, 

except for the restorations of the bulb 

onion and pear tolerances for methomyl, 

which are effective November 20, 2015. 

With the exception of methomyl, for 

which EPA is restoring tolerances 


tkelley on DSK3SPTVN1PROD with RULES
72596 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations 

inadvertently removed, EPA is delaying 

the effective date of these finalized 

actions to allow a reasonable interval for 

producers in exporting members of the 

World Trade Organization’s Sanitary 

and Phytosanitary Measures Agreement 

to adapt to the requirements of a final 

rule. EPA believes that existing stocks of 

the canceled or amended pesticide 

products labeled for the uses associated 

with the revoked tolerances have been 

completely exhausted and that treated 

commodities have had sufficient time 

for passage through the channels of 

trade. 

Any commodities listed in the 

regulatory text of this document that are 

treated with the pesticides subject to 

this final rule, and that are in the 

channels of trade following the 

tolerance revocations, shall be subject to 

FFDCA section 408(1)(5), as established 

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA. 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

III. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for carfentrazone-ethyl, mepiquat, 

propetamphos, quizalofop ethyl, 

spiroxamine, triflumizole, ethephon in 

or on cucumber, oxamyl in or on 

soybean seed, spinosad in or on 

coriander leaves, or total 

dithiocarbamates in or on barley bran, 

barley flour, field corn grain, oat flour, 

oat grain, rye bran, rye grain, wheat 

bran, wheat flour, and wheat, shorts. 

The Codex has established MRLs for 

total dithiocarbamates determined as 

carbon disulfide in or on various 

commodities, including barley and 

wheat, each at 1 milligrams/kilogram 

(mg/kg). These MRLs are the same as the 

tolerances finalized for mancozeb in the 

United States. 

The Codex has established MRLs for 

total dithiocarbamates determined as 

carbon disulfide in or on various 

commodities, including papaya at 5 mg/ 

kg. This MRL will be covered by a 

finalized U.S. tolerance at a higher level 

than the MRL. The MRL is different 

than the finalized U.S. tolerance for 

mancozeb in the United States because 

of differences in residue definition, use 

patterns, and/or good agricultural 

practices. 

The Codex has established a MRL for 

amitraz in or on various commodities, 

including cotton seed at 0.5 mg/kg. This 

MRL is covered by the current U.S. 

tolerance at a higher level than the MRL, 

but would no longer be covered due to 

the revocation of the U.S. tolerance. 

The Codex has established MRLs for 

total dithiocarbamates determined as 

carbon disulfide in or on various 

commodities, including banana at 2 mg/ 

kg, peach at 7 mg/kg, and strawberry at 

5 mg/kg. The MRLs for banana and 

peach are the same as the U.S. 

tolerances proposed for thiram in the 

United States. The MRL for strawberry 

will be covered by a finalized U.S. 

tolerance at a higher level than the MRL. 

The MRL for strawberry is different than 

the tolerance finalized for thiram in the 

United States because of differences in 

use patterns, and/or good agricultural 

practices. 

IV. Statutory and Executive Order 

Reviews 

In this final rule, EPA establishes 

tolerances under FFDCA section 408(e), 

and also modifies and revokes specific 

tolerances established under FFDCA 

section 408. The Office of Management 

and Budget (OMB) has exempted these 

types of actions (i.e., establishment and 

modification of a tolerance and 

tolerance revocation for which 

extraordinary circumstances do not 

exist) from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this rule has 

been exempted from review under 

Executive Order 12866 due to its lack of 

significance, this rule is not subject to 

Executive Order 13211, entitled 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This final rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1501 et seq.). Nor does it require any 

special considerations as required by 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994); or OMB review or any other 

Agency action under Executive Order 

13045, entitled ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997). This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). Pursuant 

to the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), the Agency 

previously assessed whether 

establishment of tolerances, exemptions 

from tolerances, raising of tolerance 

levels, expansion of exemptions, or 

revocations might significantly impact a 

substantial number of small entities and 

concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. These analyses 

for tolerance establishments and 

modifications, and for tolerance 

revocations were published in the 

Federal Register on May 4, 1981 (46 FR 

24950) and on December 17, 1997 (62 

FR 66020) (FRL–5753–1), respectively, 

and were provided to the Chief Counsel 

for Advocacy of the Small Business 

Administration. Taking into account 

this analysis and available information 

concerning the pesticides listed in this 

rule, the Agency hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities. In a 

memorandum dated May 25, 2001, EPA 

determined that eight conditions must 

all be satisfied in order for an import 

tolerance or tolerance exemption 

revocation to adversely affect a 

significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations 72597 

any particular revocation. (This Agency 

document is available in the docket of 

the proposed rule). Furthermore, for the 

pesticides named in this final rule, the 

Agency knows of no extraordinary 

circumstances that exist as to the 

present revocations that would change 

EPA’s previous analysis. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of FFDCA section 408(n)(4). 

For these same reasons, the Agency has 

determined that this rule does not have 

any ‘‘tribal implications’’ as described 

in Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 20, 2015. 

Jack E. Housenger, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.132, revise paragraph (a) to 

read as follows: 

§ 180.132 Thiram; tolerances for residues. 

(a) General. (1) A tolerances for 

residues of the fungicide thiram 

(tetramethyl thiuram disulfide), 

including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance level specified in this 

paragraph is to be determined by 

measuring only thiram. 

Commodity Parts 

per million 

Avocado 1 .............................. 15 

1 No U.S. registrations as of September 23, 

2009. 

(2) Tolerances are established for 

residues of the fungicide thiram, 

tetramethyl thiuram disulfide, including 

its metabolites and degradates, in or on 

the commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only those thiram residues 

convertible to and expressed in terms of 

the degradate carbon disulfide, in or on 

the commodity. 

Commodity Parts 

per million 

Apple ..................................... 5 

Banana 1 ............................... 2.0 

Peach .................................... 7.0 

Strawberry ............................ 13 

1There are no U.S. registrations as of September 23, 2009. 

* * * * * 

§ 180.142 [Amended] 

■ 3. In § 180.142, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.169 [Amended] 

■ 4. In § 180.169, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1). 

■ 5. In § 180.176, revise the table in 

paragraph (a) to read as follows: 

§ 180.176 Mancozeb; tolerances for 

residues. 

(a) * * * 

Commodity Parts 

per million 

Almond .................................. 0.1 

Almond, hulls ........................ 4 

Apple ..................................... 0.6 

Asparagus ............................. 0.1 

Atemoya ................................ 3.0 

Banana ................................. 2 

Barley, bran .......................... 2 

Barley, flour .......................... 1.2 

Barley, grain ......................... 1 

Barley, hay ............................ 30 

Barley, pearled barley .......... 20 

Barley, straw ......................... 25 

Beet, sugar, dried pulp ......... 3.0 

Beet, sugar, roots ................. 1.2 

Beet, sugar, tops .................. 60 

Broccoli ................................. 7 

Cabbage ............................... 9 

Canistel ................................. 15.0 

Cattle, kidney ........................ 0.5 

Cattle, liver ............................ 0.5 

Cherimoya ............................ 3.0 

Corn, field, forage ................. 40 

Corn, field, grain ................... 0.06 

Corn, field, stover ................. 15 

Corn, pop, grain .................... 0.1 

Corn, pop, stover .................. 40 

Corn, sweet, forage .............. 70 

Corn, sweet, kernel plus cob 

with husks removed .......... 0.1 

Corn, sweet, stover .............. 40 

Cotton, undelinted seed ....... 0.5 

Crabapple ............................. 0.6 

Cranberry .............................. 5 

Custard apple ....................... 3.0 

Fennel ................................... 2.5 

Flax, seed ............................. 0.15 

Ginseng ................................ 1.2 

Goat, kidney ......................... 0.5 

Goat, liver ............................. 0.5 

Grape .................................... 1.5 

Hog, kidney ........................... 0.5 

Hog, liver .............................. 0.5 

Horse, kidney ........................ 0.5 


tkelley on DSK3SPTVN1PROD with RULES
72598 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations 

Commodity Parts 

per million 

Horse, liver ........................... 0.5 

Lettuce, head ........................ 3.5 

Lettuce, leaf .......................... 18 

Mango ................................... 15.0 

Oat, flour ............................... 1.2 

Oat, grain .............................. 1 

Oat, groats/rolled oats .......... 20 

Oat, hay ................................ 30 

Oat, straw ............................. 25 

Onion, bulb ........................... 1.5 

Papaya .................................. 9 

Peanut .................................. 0.1 

Peanut, hay .......................... 65 

Pear ...................................... 0.6 

Pepper .................................. 12 

Potato ................................... 0.2 

Poultry, kidney ...................... 0.5 

Poultry, liver .......................... 0.5 

Quince .................................. 0.6 

Rice, grain ............................ 0.06 

Rye, bran .............................. 2 

Rye, flour .............................. 1.2 

Commodity Parts 

per million 

Rye, grain ............................. 1 

Rye, straw ............................. 25 

Sapodilla ............................... 15.0 

Sapote, mamey .................... 15.0 

Sapote, white ........................ 15.0 

Sheep, kidney ....................... 0.5 

Sheep, liver ........................... 0.5 

Sorghum, grain, forage ......... 0.15 

Sorghum, grain, grain ........... 0.25 

Sorghum, grain, stover ......... 0.15 

Star apple ............................. 15.0 

Sugar apple .......................... 3.0 

Tangerine 1 ........................... 10 

Tomato .................................. 2.5 

Vegetable, cucurbit, group 9 2.0 

Walnut ................................... 0.70 

Wheat, bran .......................... 2 

Wheat, flour .......................... 1.2 

Wheat, germ ......................... 20 

Wheat, grain ......................... 1 

Wheat, hay ........................... 30 

Wheat, middlings .................. 20 

Commodity Parts 

per million 

Wheat, shorts ....................... 2 

Wheat, straw ......................... 25 

1There are no U.S. registrations for use of 

mancozeb on tangerine. 

* * * * * 

§ 180.205 [Amended] 

■ 6. In § 180.205, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.253 [Amended] 

■ 7. In § 180.253, add alphabetically an 

entry for ‘‘Onion, dry bulb’’ to the table 

in paragraph (a), and add a table to 

paragraph (c) to read as follows: 

§ 180.253 Methomyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts 

per million 

Expiration/ 

Revocation 

date 

*******

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

* * * * * * * 

* * * * * 

(c) * * * 

Commodity Parts 

per million 

Pear ...................................... 4 

* * * * * 

§ 180.274 [Amended] 

■ 8. In § 180.274, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.287 [Amended] 

■ 9. In § 180.287, remove the entry for 

‘‘Cotton, undelinted seed 1’’ and the 

footnote from the table in paragraph (a). 

§ 180.288 [Amended] 

■ 10. In § 180.288, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.293 [Amended] 

■ 11. In § 180.293, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1). 

§ 180.300 [Amended] 

■ 12. In § 180.300, remove the entry for 

‘‘Cucumber’’ from the table in paragraph 

(a). 

§ 180.301 [Amended] 

■ 13. In § 180.301, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.303 [Amended] 

■ 14. In § 180.303, remove the entry for 

‘‘Soybean, seed’’ from the table in 

paragraph (a). 

§ 180.355 [Amended] 

■ 15. In § 180.355, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1). 

§ 180.361 [Amended] 

■ 16. In § 180.361, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.377 [Amended] 

■ 17. In § 180.377, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(2). 

§ 180.383 [Amended] 

■ 18. In § 180.383, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

■ 19. In § 180.384, revise paragraph (a) 

to read as follows: 

§ 180.384 Mepiquat (N,Ndimethylpiperidinium); tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the plant 

growth regulator mepiquat, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only mepiquat, N,Ndimethylpiperidinium, in or on the 

commodity. 

Commodity Parts 

per million 

Cattle, meat byproducts ....... 0.1 

Cotton, gin byproducts ......... 6.0 

Cotton, undelinted seed ....... 2.0 

Goat, meat byproducts ......... 0.1 

Grape .................................... 1.0 

Grape, raisin ......................... 5.0 

Hog, meat byproducts .......... 0.1 

Horse, meat byproducts ....... 0.1 

Sheep, meat byproducts ...... 0.1 

* * * * * 

§ 180.399 [Amended] 

■ 20. In § 180.399, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations 72599 

§ 180.401 [Amended] 

■ 21. In § 180.401, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.417 [Amended] 

■ 22. In § 180.417, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1). 

§ 180.418 [Amended] 

■ 23. In § 180.418, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(2). 

§ 180.425 [Amended] 

■ 24. In § 180.425, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.434 [Amended] 

■ 25. In § 180.434, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.438 [Amended] 

■ 26. In § 180.438, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1) and from the table in 

paragraph (a)(2). 

§ 180.439 [Amended] 

■ 27. In § 180.439, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.441 [Amended] 

■ 28. In § 180.441, remove the entry for 

‘‘Soybean, soapstock’’ from the table in 

paragraph (a)(1). 

§ 180.445 [Amended] 

■ 29. In § 180.445, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.447 [Amended] 

■ 30. In § 180.447, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(2). 

§ 180.451 [Amended] 

■ 31. In § 180.451, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.463 [Amended] 

■ 32. In § 180.463, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1). 

§ 180.473 [Amended] 

■ 33. In § 180.473, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

■ 34. In § 180.476, revise the table in 

paragraph (a)(1) and revise the table in 

paragraph (a)(2) to read as follows: 

§ 180.476 Triflumizole; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts 

per million 

Berry, low growing, subgroup 

13–07G, except cranberry 2.0 

Brassica, head and stem, 

subgroup 5A ...................... 8.0 

Brassica, leafy greens, subgroup 5B ........................... 40 

Canistel ................................. 2.5 

Cherry, sweet ....................... 1.5 

Cherry, tart ............................ 1.5 

Cilantro, leaves ..................... 35 

Fruit, pome, group 11–10 ..... 0.50 

Fruit, small, vine climbing, 

except fuzzy kiwifruit, subgroup 13–07F .................... 2.5 

Hazelnut ................................ 0.05 

Hop, dried cones .................. 50 

Leafy greens subgroup 4A, 

except spinach .................. 35 

Mango ................................... 2.5 

Papaya .................................. 2.5 

Pineapple .............................. 4.0 

Sapodilla ............................... 2.5 

Sapote, black ........................ 2.5 

Sapote, mamey .................... 2.5 

Star apple ............................. 2.5 

Swiss chard .......................... 18 

Tomato .................................. 1.5 

Turnip, greens ...................... 40 

Vegetable, cucurbit, group 9 0.5 

(2) * * * 

Commodity Parts 

per million 

Cattle, fat .............................. 0.10 

Cattle, meat byproducts ....... 0.20 

Goat, fat ................................ 0.10 

Goat, meat byproducts ......... 0.20 

Horse, fat .............................. 0.10 

Horse, meat byproducts ....... 0.20 

Sheep, fat ............................. 0.10 

Sheep, meat byproducts ...... 0.20 

* * * * * 

§ 180.479 [Amended] 

■ 35. In § 180.479, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(2). 

§ 180.484 [Amended] 

■ 36. In § 180.484, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.495 [Amended] 

■ 37. In § 180.495, remove the entry for 

‘‘Coriander, leaves’’ from the table in 

paragraph (a). 

§ 180.507 [Amended] 

■ 38. In § 180.507, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(1). 

§ 180.515 [Amended] 

■ 39. In § 180.515, remove the entries 

for ‘‘Caneberry subgroup 13A,’’ ‘‘Cotton, 

hulls,’’ ‘‘Cotton, meal,’’ ‘‘Cotton, refined 

oil’’ and ‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.517 [Amended] 

■ 40. In § 180.517, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.541 [Removed] 

■ 41. Remove § 180.541. 

§ 180.555 [Amended] 

■ 42. In § 180.555, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.570 [Amended] 

■ 43. In § 180.570, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a)(2). 

§ 180.577 [Amended] 

■ 44. In § 180.577, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.602 [Amended] 

■ 45. In § 180.602, remove the entry for 

‘‘Hop, dried cones’’ from the table in 

paragraph (a). 

§ 180.605 [Amended] 

■ 46. In § 180.605, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

§ 180.625 [Amended] 

■ 47. In § 180.625, remove the entry for 

‘‘Rice, straw’’ from the table in 

paragraph (a). 

[FR Doc. 2015–28491 Filed 11–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, and 252 

[Docket DARS–2015–0024] 

RIN 0750–AI41 

Defense Federal Acquisition 

Regulation Supplement: Photovoltaic 

Devices From the United States 

(DFARS Case 2015–D007) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 


tkelley on DSK3SPTVN1PROD with RULES