Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 47451 

Commodity Parts per million 

*****

Cotton, gin byproducts ................................................................................................................. 4.0 

Cotton, undelinted seed ............................................................................................................... 0.6 

*****

Soybean, meal ............................................................................................................................. 1.2 

Soybean, seed ............................................................................................................................. 1.0 

* * * * * 

(d) Indirect or inadvertent residues. 

Tolerances are established for indirect 

or inadvertent residues of acetochlor, 

including its metabolites and 

degradates, in or on the raw agricultural 

commodities in the table to this 

paragraph when present therein as a 

result of application of acetochlor to the 

growing crops in the table to paragraph 

(a) of this section. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only 

acetochlor, 2-chloro-2’-methyl-6-ethylN-ethoxymethylacetanilide, and its 

metabolites containing the ethyl methyl 

aniline (EMA) moiety and the 

hydroxyethyl methyl aniline (HEMA) 

moiety. Both parent and the named 

metabolites shall be determined as ethyl 

methyl aniline (EMA) and hydroxyethyl 

methyl aniline (HEMA), and calculated 

as the stoichiometric equivalents of 

acetochlor, in or on the following 

commodities. 

* * * * * 

[FR Doc. E9–21845 Filed 9–15–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0251; FRL–8431–7] 

Ametryn, Amitraz, Ammonium Soap 

Salts of Higher Fatty Acids, Bitertanol, 

Coppers, et al.; Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking certain 

tolerances/tolerance exemptions for the 

fungicides pentachloronitrobenzene and 

triadimenol; the herbicides ametryn, 

fluazifop-p-butyl, and prometryn; the 

insecticides amitraz and mineral oil; the 

defoliant/desiccant sodium chlorate; 

and the fungicide/algicide/herbicide 

coppers. Also, EPA is modifying certain 

tolerances for the fungicide bitertanol 

and the insecticide malathion. In 

addition, EPA is establishing new 

tolerances/tolerance exemptions for the 

fungicides coppers and 

pentachloronitrobenzene; the herbicide 

prometryn; the insecticide malathion; 

and the defoliant/desiccant sodium 

chlorate; and revising the tolerance 

expression for the ammonium salts of 

higher fatty acids (ammonium soap 

salts). The regulatory actions finalized 

in this document are in follow-up to the 

Agency’s reregistration program under 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), and tolerance 

reassessment program under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

section 408(q). 

DATES: This regulation is effective 

September 16, 2009. Objections and 

requests for hearings must be received 

on or before November 16, 2009, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0251. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

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; e-mail 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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 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. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 


sroberts on DSKD5P82C1PROD with RULES
47452 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 

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–2009–0251 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before November 16, 2009. 

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 that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2009–0251, by one of 

the following methods. 

•Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

•Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

•Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background 

A. What Action is the Agency Taking? 

In the Federal Register of May 13, 

2009 (74 FR 22478) (FRL–8412–3), EPA 

issued a proposal to revoke, modify, and 

establish specific tolerances/tolerance 

exemptions for residues of the 

fungicides bitertanol, coppers, 

pentachloronitrobenzene and 

triadimenol; the herbicides ametryn, 

fluazifop-p-butyl, and prometryn; the 

insecticides amitraz, malathion, and 

mineral oil; the defoliant/desiccant 

sodium chlorate; and the fungicide/ 

algicide/herbicide coppers; and to revise 

the tolerance expression for the 

ammonium salts of higher fatty acids 

(ammonium soap salts). Also, the 

proposal of May 13, 2009 (74 FR 22478) 

provided a 60–day comment period 

which invited public comment for 

consideration and for support of 

tolerance retention under FFDCA 

standards. 

In this final rule, EPA is revoking, 

modifying, and establishing specific 

tolerances/tolerance exemptions for 

residues of ametryn, amitraz, bitertanol, 

coppers, fluazifop-p-butyl, malathion, 

mineral oil, pentachloronitrobenzene, 

prometryn, sodium chlorate, and 

triadimenol in or on commodities listed 

in the regulatory text of this document, 

and revising the tolerance expression for 

the ammonium soap salts of higher fatty 

acids (C8-C18 saturated; C8-C12

unsaturated). 

EPA is finalizing these 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: 1– 

800–490–9198; fax number: 1–513–489– 

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: 1–800–553– 

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 FIFRA in the United States. 

Those instances where registrations 

were canceled were because the 

registrant failed to pay the required 

maintenance fee and/or the registrant 

voluntarily requested cancellation of 

one or more registered uses of the 

pesticide active ingredient. The 

tolerances revoked by this final rule are 

no longer necessary to cover residues of 

the relevant pesticides in or on 

domestically treated commodities or 

commodities treated outside but 

imported into the United States. It is 

EPA’s general practice to issue a final 

rule revoking those tolerances and 

tolerance exemptions for residues of 

pesticide active ingredients on crop uses 

for which there are no active 

registrations under FIFRA, unless any 

person 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 FQPA. 

In response to the proposal published 

in the Federal Register of May 13, 2009 

(74 FR 22478), EPA received no 

comments during the 60–day public 

comment period. 

EPA did not propose in a notice for 

comment to revise the tolerance 

nomenclature for malathion, in 40 CFR 

180.111(a)(1) from alfalfa to alfalfa, 

forage and alfalfa, hay; bean to bean, dry 

seed and bean, succulent; corn, grain, 

postharvest to corn, field, grain, 

postharvest and corn, pop, grain, 

postharvest; salsify (including tops) to 

salsify, roots and salsify, tops; and 

turnip, tops to turnip, greens, as is 

current Agency practice. However, 

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.’’ Consequently, 

for good cause, EPA is revising the 

tolerance terminology in 40 CFR 

180.111(a)(1) from alfalfa to alfalfa, 


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forage and alfalfa, hay; bean to bean, dry 

seed and bean, succulent; corn, grain, 

postharvest to corn, field, grain, 

postharvest and corn, pop, grain, 

postharvest; salsify (including tops) to 

salsify, roots and salsify, tops; and 

turnip, tops to turnip, greens. Notice 

and comment are unnecessary because 

revising the terminology has no 

practical impact on the use of or 

exposure to malathion in or on that 

commodity and is made such that the 

tolerance terminology will conform to 

current Agency practice. 

On June 3, 2009 (74 FR 26527) (FRL– 

8417–9), EPA published a final rule that 

made minor revisions to commodity 

terminologies throughout 40 CFR part 

180, including revisions for exemptions 

from the requirement of a tolerance for 

sodium chlorate in 40 CFR 180.1020. 

Among these revisions in 40 CFR 

180.1020, ‘‘corn, forage’’ was replaced 

by ‘‘corn, field, forage’’; ‘‘corn, fodder’’ 

was replaced by ‘‘corn, field, stover’’ 

and ‘‘corn, pop, stover’’; ‘‘peas, 

southern’’ was replaced by ‘‘cowpea, 

forage’’; ‘‘cowpea, hay’’; and ‘‘cowpea, 

seed’’; ‘‘peppers, chili’’ was replaced by 

‘‘pepper, chili.’’ No revision had been 

made for ‘‘sorghum, forage.’’ However, 

‘‘peas, southern’’ should have been 

replaced by ‘‘pea, southern’’; ‘‘pepper, 

chili’’ should have been replaced by 

‘‘pepper, nonbell’’; and revisions of 

‘‘corn, forage’’ and ‘‘corn, fodder’’ 

should have included ‘‘corn, sweet, 

forage’’ and ‘‘corn, sweet, stover,’’ 

respectively. In the Federal Register of 

May 13, 2009 (74 FR 22478), EPA 

proposed amendments to commodity 

terminology for sodium chlorate in 40 

CFR 180.1020 and among them 

included ‘‘corn, forage’’ to ‘‘corn, field, 

forage’’ and ‘‘corn, sweet, forage’’; 

‘‘corn, fodder’’ to ‘‘corn, field, stover’’; 

‘‘corn, pop, stover’’; and ‘‘corn, sweet, 

stover’’; ‘‘peas, southern’’ to ‘‘pea, 

southern’’; ‘‘pepper, chili’’ to ‘‘pepper, 

nonbell’’ ‘‘sorghum, forage’’ to 

‘‘sorghum, grain, forage’’ and ‘‘sorghum, 

forage, forage’’; ‘‘soybeans’’ to ‘‘soybean, 

seed’’; as well as other commodity 

terminology revisions. As a result of the 

final rule of June 3, 2009 (74 FR 26527), 

EPA is revising the current commodity 

terminologies for sodium chlorate in 40 

CFR 180.1020 in this final rule by 

removing ‘‘cowpea, forage’’; ‘‘cowpea, 

hay’’; and ‘‘cowpea, seed’’ and replacing 

them with ‘‘pea, southern’’; replacing 

‘‘pepper, chili’’ with ‘‘pepper, nonbell’’; 

establishing ‘‘corn, sweet, forage’’ and 

‘‘corn, sweet, stover’’; and revising 

‘‘sorghum, forage’’ to ‘‘sorghum, grain, 

forage’’ and ‘‘sorghum, forage, forage’’; 

as proposed in the rule of May 13, 2009 

(74 FR 22478). Also, consistent with 

most of the commodity revisions for 

sodium chlorate proposed on May 13, 

2009 (74 FR 22478), EPA is maintaining 

current commodity terminologies, 

finalized by the rule of June 3, 2009 (74 

FR 26527), in 40 CFR 180.1020 for 

‘‘bean, dry, seed’’; ‘‘corn, field, forage’’; 

‘‘corn, field, grain’’; ‘‘corn, field, 

stover’’; ‘‘corn, pop, grain’’; ‘‘corn, pop, 

stover’’; ‘‘cotton, undelinted seed’’; 

‘‘flax, seed’’; ‘‘grain, aspirated 

fractions’’; ‘‘guar, seed’’; ‘‘potato’’; ‘‘rice, 

grain’’; ‘‘safflower, seed’’; ‘‘sorghum, 

grain, grain’’; ‘‘sorghum, grain, stover’’; 

‘‘soybean, forage’’; ‘‘soybean, hay’’; 

‘‘soybean, seed’’; and ‘‘sunflower, seed.’’ 

The Agency did not receive any 

specific comments, during the 60–day 

comment period, on the following 

pesticide active ingredients: ametryn, 

amitraz, bitertanol, coppers, fluazifop-pbutyl, malathion, mineral oil, 

pentachloronitrobenzene, prometryn, 

sodium chlorate, triadimenol, and 

ammonium soap salts of higher fatty 

acids (C8-C18 saturated; C8-C12

unsaturated). Therefore, in addition to 

revising the tolerance nomenclature for 

specific tolerances for malathion as 

described in this final rule, and revising 

specific commodity terminologies for 

sodium chlorate as described in this 

final rule, EPA is finalizing the 

amendments proposed concerning the 

pesticide active ingredients in the 

Federal Register of May 13, 2009 (74 FR 

22478). For a detailed discussion of the 

Agency’s rationale for the 

establishments, revocations, and 

modifications to the tolerances, refer to 

the proposed rule of May 13, 2009 (74 

FR 22478). 

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 during the 

reregistration and tolerance 

reassessment processes, and as followup on canceled uses of pesticides. As 

part of these processes, EPA is required 

to determine whether each of the 

amended tolerances meets the safety 

standards under FFDCA. The safety 

finding determination is found in detail 

in each post-FQPA RED and 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 and electronic copies of 

the REDs and TREDs are available as 

provided in Unit II.A. 

EPA has issued REDs for ametryn, 

coppers, malathion, aliphatic solvents 

(mineral oil), pentachloronitrobenzene, 

prometryn, inorganic chlorates (sodium 

chlorate), and soap salts (includes 

ammonium salts of higher fatty acids), 

and TREDs for amitraz, bitertanol, 

fluazifop-p-butyl, and triadimenol. 

REDs and TREDs contain the Agency’s 

evaluation of the database for these 

pesticides, including statements 

regarding additional data on the active 

ingredients that may be needed to 

confirm the potential human health and 

environmental risk assessments 

associated with current product uses, 

and REDs state conditions under which 

these uses and products will be eligible 

for reregistration. The REDs and TREDs 

recommended the establishment, 

modification, and/or revocation of 

specific tolerances. RED and TRED 

recommendations such as establishing 

or modifying tolerances, and in some 

cases revoking tolerances, are the result 

of assessment under the FFDCA 

standard of ‘‘reasonable certainty of no 

harm.’’ However, tolerance revocations 

recommended in REDs and TREDs that 

are made final in this document do not 

need such assessment when the 

tolerances are no longer necessary. 

EPA’s general practice is to revoke 

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. 

When EPA establishes tolerances for 

pesticide residues in or on raw 

agricultural commodities, the Agency 

gives consideration to possible pesticide 

residues in meat, milk, poultry, and/or 

eggs produced by animals that are fed 

agricultural products (for example, grain 

or hay) containing pesticides residues 

(40 CFR 180.6). If there is no reasonable 

expectation of finite pesticide residues 


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47454 Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 

in or on meat, milk, poultry, or eggs, 

then tolerances do not need to be 

established for these commodities (40 

CFR 180.6(b) and 180.6 (c)). 

C. When Do These Actions Become 

Effective? 

With the exception of certain 

tolerances for ametryn and triadimenol 

for which EPA is revoking with specific 

expiration/revocation dates, the Agency 

is revoking, modifying, and establishing 

specific tolerances/tolerance 

exemptions, and revising specific 

tolerance terminologies effective on the 

date of publication of this final rule in 

the Federal Register. With the exception 

of the specific tolerances regarding 

ametryn and triadimenol for which EPA 

is revoking with specific expiration/ 

revocation dates, specific copper 

tolerances associated with treated pear 

wrappers and potable water for which 

EPA is revoking because they are no 

longer needed or applicable, and 

tolerances/tolerance exemptions that are 

considered by EPA to no longer be 

significant food/feed items or whose 

commodity use is covered by another 

tolerance/tolerance exemption 

(including conversion of interim 

tolerances for pentachloronitrobenzene 

to permanent tolerances), the Agency 

believes that existing stocks of pesticide 

products labeled for the uses associated 

with the revoked tolerances/tolerance 

exemptions have been completely 

exhausted and that treated commodities 

have had sufficient time for passage 

through the channels of trade. EPA is 

revoking ametryn tolerances on banana; 

corn, sweet, forage; corn, sweet, kernel 

plus cob with husks removed; and corn, 

sweet, stover with expiration/revocation 

dates of June 16, 2010; and triadimenol 

tolerances on sorghum, grain, forage; 

sorghum, grain, grain; and sorghum, 

grain, stover with expiration/revocation 

dates of September 11, 2010. The 

Agency believes that these revocation 

dates allow users to exhaust stocks and 

allow sufficient time for passage of 

treated commodities through the 

channels of trade. 

Any commodities listed in the 

regulatory text of this document that are 

treated with the pesticides subject to 

this final rule, and that are in the 

channels of trade following the 

tolerance revocations, shall be subject to 

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

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA. 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

III. Are There Any International Trade 

Issues Raised by this Final Action? 

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, as required 

by section 408(b)(4) of FFDCA. The 

Codex Alimentarius is a joint U.N. Food 

and Agriculture Organization/World 

Health Organization food standards 

program, and it is recognized as an 

international food safety standardssetting 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 in a notice 

published for public comment. EPA’s 

effort to harmonize with Codex MRLs is 

summarized in the tolerance 

reassessment section of individual REDs 

and TREDs, and in the Residue 

Chemistry document which supports 

the RED and TRED, as mentioned in the 

proposed rule cited in Unit II.A. 

Specific tolerance actions in this rule 

and how they compare to Codex MRLs 

(if any) is discussed in Unit II.A. 

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) (Public 

Law 104–4). 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), Public Law 104–13, section 

12(d) (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 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 

any particular revocation. (This Agency 

document is available in the docket of 

the proposed rule, as mentioned in Unit 


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Federal Register / Vol. 74, No. 178 / Wednesday, September 16, 2009 / Rules and Regulations 47455 

II.A.). 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 section 408(n)(4) of 

FFDCA. 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 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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: September 2, 2009. 

Debra Edwards, 

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. Section 180.111 is amended by 

revising the table in paragraph (a)(1), 

redesignating paragraphs (a)(2) through 

(a)(5) as paragraphs (a)(4) through (a)(7), 

respectively, and adding new 

paragraphs (a)(2) and (a)(3), and by 

revising newly designated paragraph 

(a)(6) to read as follows: 

§ 180.111 Malathion; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

Alfalfa, forage ........................... 135 

Alfalfa, hay ................................ 135 

Almond, hulls ............................ 50 

Almond, postharvest ................. 8 

Apple ......................................... 8 

Apricot ....................................... 8 

Asparagus ................................. 8 

Avocado .................................... 8 

Barley, grain, postharvest ......... 8 

Bean, dry seed ......................... 8 

Bean, succulent ........................ 8 

Beet, garden, roots ................... 8 

Beet, garden, tops .................... 8 

Beet, sugar, roots ..................... 1 

Commodity Parts per 

million 

Beet, sugar, tops ...................... 8 

Blackberry ................................. 8 

Blueberry .................................. 8 

Boysenberry .............................. 8 

Carrot, roots .............................. 8 

Chayote, fruit ............................ 8 

Chayote, roots .......................... 8 

Cherry ....................................... 8 

Chestnut ................................... 1 

Clover, forage ........................... 135 

Clover, hay ............................... 135 

Corn, field, forage ..................... 8 

Corn, field, grain, postharvest .. 8 

Corn, pop, grain, postharvest ... 8 

Corn, sweet, forage .................. 8 

Corn, sweet, kernel plus cob 

with husks removed .............. 2 

Cowpea, forage ........................ 135 

Cowpea, hay ............................. 135 

Cranberry .................................. 8 

Cucumber ................................. 8 

Currant ...................................... 8 

Date, dried fruit ......................... 8 

Dewberry .................................. 8 

Eggplant .................................... 8 

Fig ............................................. 8 

Flax, seed ................................. 0.1 

Garlic, bulb ............................... 8 

Gooseberry ............................... 8 

Grape ........................................ 8 

Grapefruit .................................. 8 

Guava ....................................... 8 

Hazelnut .................................... 1 

Hop, dried cones ...................... 1 

Horseradish .............................. 8 

Kumquat ................................... 8 

Leek .......................................... 8 

Lemon ....................................... 8 

Lentil, seed ............................... 8 

Lespedeza, hay ........................ 135 

Lime .......................................... 8 

Loganberry ................................ 8 

Lupin, seed ............................... 8 

Mango ....................................... 8 

Melon ........................................ 8 

Mushroom ................................. 8 

Nectarine .................................. 8 

Nut, macadamia ....................... 1 

Oat, grain, postharvest ............. 8 

Okra .......................................... 8 

Onion, bulb ............................... 8 

Onion, green ............................. 8 

Orange ...................................... 8 

Papaya ...................................... 1 

Parsnip ...................................... 8 

Passionfruit ............................... 8 

Pea ........................................... 8 

Pea, field, hay ........................... 8 

Pea, field, vines ........................ 8 

Peach ........................................ 8 

Peanut, hay .............................. 135 

Peanut, postharvest .................. 8 

Pear .......................................... 8 

Pecan ........................................ 8 

Pepper ...................................... 8 

Peppermint, tops ...................... 8 

Pineapple .................................. 8 

Plum .......................................... 8 

Plum, prune .............................. 8 

Potato ....................................... 8 

Pumpkin .................................... 8 

Quince ...................................... 8 

Radish ....................................... 8 


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Commodity Parts per 

million 

Raspberry ................................. 8 

Rice, grain, postharvest ............ 8 

Rice, wild .................................. 8 

Rutabaga .................................. 8 

Rye, grain, postharvest ............ 8 

Safflower, seed ......................... 0.2 

Salsify, roots ............................. 8 

Salsify, tops .............................. 8 

Shallot, bulb .............................. 8 

Sorghum, grain, forage ............. 8 

Sorghum, grain, grain, 

postharvest ............................ 8 

Soybean, forage ....................... 135 

Soybean, hay ............................ 135 

Soybean, seed .......................... 8 

Soybean, vegetable, succulent 8 

Spearmint, tops ........................ 8 

Squash, summer ...................... 8 

Squash, winter .......................... 8 

Strawberry ................................ 8 

Sunflower, seed, postharvest ... 8 

Sweet potato, roots .................. 1 

Tangerine .................................. 8 

Tomato ...................................... 8 

Trefoil, forage ........................... 135 

Trefoil, hay ................................ 135 

Turnip, greens .......................... 8 

Turnip, roots ............................. 8 

Vegetable, brassica, leafy, 

group 5 .................................. 8 

Vegetable, leafy, except brassica, group 4 ......................... 8 

Vetch, hay ................................. 135 

Walnut ....................................... 8 

Wheat, grain, postharvest ........ 8 

(2) Tolerances are established for the 

combined residues of the insecticide 

malathion (O,O-dimethyl 

dithiophosphate of diethyl 

mercaptosuccinate) and its metabolite, 

malaoxon (O,O-dimethyl thiophosphate 

of diethyl mercaptosuccinate), in or on 

the following food commodities: 

Commodity Parts per 

million 

Barley, straw ............................. 50 

Corn, field, stover ..................... 30.0 

Cotton, undelinted seed ........... 20.0 

Grass, forage ............................ 200 

Grass, hay ................................ 270 

Oat, forage ................................ 4.0 

Oat, straw ................................. 50 

Rye, forage ............................... 4.0 

Rye, straw ................................. 50 

Watercress ................................ 0.2 

Wheat, forage ........................... 4.0 

Wheat, straw ............................. 50 

(3) Tolerances are established for 

residues of the insecticide malathion 

(O,O-dimethyl dithiophosphate of 

diethyl mercaptosuccinate), in or on the 

following food commodities: 

Commodity Parts per 

million 

Cattle, fat .................................. 4 

Cattle, meat1 ............................. 4 

Commodity Parts per 

million 

Cattle, meat byproducts1 .......... 4 

Egg ........................................... 0.1 

Goat, fat .................................... 4 

Goat, meat1 .............................. 4 

Goat, meat byproducts1 ........... 4 

Hog, fat ..................................... 4 

Hog, meat1 ............................... 4 

Hog, meat byproducts1 ............. 4 

Horse, fat .................................. 4 

Horse, meat1 ............................ 4 

Horse, meat byproducts1 .......... 4 

Milk, fat ..................................... 0.5 

Poultry, fat ................................ 4 

Poultry, meat1 ........................... 4 

Poultry, meat byproducts1 ........ 4 

Sheep, fat ................................. 4 

Sheep, meat1 ............................ 4 

Sheep, meat byproducts1 ......... 4 

1The tolerance level shall not be exceeded 

in any cut of meat or in any meat byproducts 

from cattle, goat, hog, horse, poultry, or 

sheep. 

* * * * * 

(6) Malathion may be safely used for 

the control of insects during the drying 

of grape (raisins) in compliance with 

paragraph (a)(4) of this section by 

incorporation into paper trays in 

amounts not exceeding 100 milligrams 

per square foot. 

* * * * * 

§ 180.136 [Removed] 

■ 3. Section 180.136 is removed. 

§ 180.149 [Removed] 

■ 4. Section 180.149 is removed. 

■ 5. Section 180.222 is amended by 

revising the table in paragraph (a), and 

by revising paragraph (d) to read as 

follows: 

§ 180.222 Prometryn; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Carrot, roots1 ............................ 0.1 

Celery ....................................... 0.5 

Cotton, gin byproducts ............. 1.0 

Cotton, undelinted seed ........... 0.25 

Pea, pigeon, seed .................... 0.25 

1There are no U.S. registrations as of April 

10, 1998 for use on carrots. 

* * * * * 

(d) Indirect or inadvertent residues. 

Tolerances are established for indirect 

or inadvertent residues of the herbicide 

prometryn, 2,4-bis(isopropylamino)-6- 

methylthio-s-triazine, in or on the 

following food commodities: 

Commodity Parts per 

million 

Barley, forage ........................... 0.3 

Commodity Parts per 

million 

Barley, hay ................................ 1.0 

Barley, straw ............................. 0.3 

Oat, forage ................................ 0.3 

Oat, hay .................................... 1.0 

Oat, straw ................................. 0.3 

Rye, forage ............................... 0.3 

Rye, hay ................................... 1.0 

Rye, straw ................................. 0.3 

Triticale, forage ......................... 0.3 

Triticale, hay ............................. 1.0 

Triticale, straw .......................... 0.3 

Wheat, forage ........................... 0.3 

Wheat, hay ............................... 1.0 

Wheat, straw ............................. 0.3 

■ 6. Section 180.258 is amended by 

revising the table in paragraph (a) to 

read as follows: 

§ 180.258 Ametryn; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Banana ............. 0.25 6/16/10 

Corn, field, forage ................ 0.1 None 

Corn, field, grain 0.05 None 

Corn, field, stover ................. 0.05 None 

Corn, pop, grain 0.05 None 

Corn, pop, stover ................. 0.05 None 

Corn, sweet, forage ................ 0.5 6/16/10 

Corn, sweet, 

kernel plus 

cob with 

husks removed ........... 0.25 6/16/10 

Corn, sweet, 

stover ............ 0.5 6/16/10 

Pineapple .......... 0.05 None 

Sugarcane, cane 0.05 None 

* * * * * 

§ 180.287 [Amended] 

■ 7. Section 180.287 is amended by 

removing the entry for ‘‘pear’’ from the 

table in paragraph (a). 

■ 8. Section 180.291 is revised to read 

as follows: 

§ 180.291 Pentachloronitrobenzene; 

tolerances for residues. 

(a) General. Tolerances are 

established for the combined residues of 

the fungicide pentachloronitrobenzene 

(PCNB) and its metabolites 

pentachloroaniline (PCA), and 

pentachlorothioanisole (PCTA), in or on 

the following food commodities: 

Commodity Parts per 

million 

Bean ......................................... 0.1 


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Commodity Parts per 

million 

Brassica, head and stem, subgroup 5A ............................... 0.1 

Cotton, undelinted seed ........... 0.1 

Garlic, bulb ............................... 0.1 

Peanut ...................................... 1.0 

Potato ....................................... 0.1 

Soybean, forage ....................... 0.02 

Soybean, hay ............................ 0.02 

Soybean, seed .......................... 0.02 

Vegetable, fruiting, group 8 ...... 0.1 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registrations, as defined in § 180.1(m), 

are established for the combined 

residues of the fungicide 

pentachloronitrobenzene (PCNB) and its 

metabolites pentachloroaniline (PCA), 

and pentachlorothioanisole (PCTA), in 

or on the following food commodities: 

Commodity Parts per 

million 

Collards ..................................... 0.2 

Kale ........................................... 0.2 

Mustard, greens ........................ 0.2 

(d) Indirect or inadvertent residues. 

[Reserved] 

§ 180.319 [Amended] 

■ 9. Section 180.319 is amended by 

removing the entire entry for 

‘‘pentachloronitrobenzene’’ from the 

table. 

§ 180.411 [Amended] 

■ 10. Section 180.411 is amended by 

removing the entry for ‘‘spinach’’ from 

the table in paragraph (a). 

■ 11. Section 180.450 is amended by 

revising the table in paragraph (a) to 

read as follows: 

§ 180.450 Beta-(4-Chlorophenoxy)-α-(1,1- 

dimethylethyl)-1H-1,2,4-triazole-1-ethanol; 

tolerances for residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Banana1 ................ 0.2 None 

Barley, grain ......... 0.05 None 

Barley, straw ......... 0.2 None 

Corn, field, forage 0.05 None 

Corn, field, grain ... 0.05 None 

Corn, field, stover 0.05 None 

Corn, pop, grain .... 0.05 None 

Corn, pop, stover .. 0.05 None 

Corn, sweet, forage .................... 0.05 None 

Corn, sweet, kernel 

plus cob with 

husks removed .. 0.05 None 

Corn, sweet, stover 0.05 None 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Cotton, undelinted 

seed .................. 0.02 None 

Oat, forage ............ 2.5 None 

Oat, grain .............. 0.05 None 

Oat, straw ............. 0.2 None 

Rye, forage ........... 2.5 None 

Rye, grain ............. 0.05 None 

Rye, straw ............. 0.1 None 

Sorghum, grain, 

forage ................ 0.05 9/11/10 

Sorghum, grain, 

grain .................. 0.01 9/11/10 

Sorghum, grain, 

stover ................ 0.01 9/11/10 

Wheat, forage ....... 2.5 None 

Wheat, grain ......... 0.05 None 

Wheat, straw ......... 0.2 None 

1There are no U.S. registrations for banana 

(whole) as of September 22, 1993. 

* * * * * 

■ 12. Section 180.457 is revised to read 

as follows: 

§ 180.457 Bitertanol; tolerances for 

residues. 

(a) General. A tolerance is established 

for the residues of the fungicide 

bitertanol, b-([1,1′-biphenyl]-4-yloxy)-a- 

(1,1-dimethylethyl)-1H-1,2,4-triazole-1- 

ethanol, in or on the following raw 

agricultural commodity: 

Commodity Parts per 

million 

Banana1 .................................... 0.5 

1There are no U.S. registrations as of April 

1, 1992. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

§ 180.538 [Removed] 

■ 13. Section 180.538 is removed. 

■ 14. Section 180.1020 is revised to read 

as follows: 

§ 180.1020 Sodium chlorate; exemption 

from the requirement of a tolerance. 

Sodium chlorate is exempted from the 

requirement of a tolerance for residues 

when used as a defoliant or desiccant in 

accordance with good agricultural 

practice on the following crops: 

Bean, dry, seed 

Corn, field, forage 

Corn, field, grain 

Corn, field, stover 

Corn, pop, grain 

Corn, pop, stover 

Corn, sweet, forage 

Corn, sweet, stover 

Cotton, undelinted seed 

Flax, seed 

Grain, aspirated fractions 

Guar, seed 

Pea, southern 

Pepper, nonbell 

Potato 

Rice, grain 

Rice, straw 

Safflower, seed 

Sorghum, forage, forage 

Sorghum, grain, forage 

Sorghum, grain, grain 

Sorghum, grain, stover 

Soybean, forage 

Soybean, hay 

Soybean, seed 

Sunflower, seed 

Wheat, grain 

■ 15. Section 180.1021 is amended by 

revising paragraph (b) to read as follows: 

§ 180.1021 Copper; exemption from the 

requirement of a tolerance. 

* * * * * 

(b) The following copper compounds 

are exempt from the requirement of a 

tolerance when applied (primarily) as a 

fungicide to growing crops using good 

agricultural practices: 

Copper compounds CAS Reg. No. 

Basic copper carbonate (malachite) ................. 1184–64–1 

Copper ammonia 

complex ............. 16828–95–8 

Copper ethylenediamine complex 13426–91–0 

Copper hydroxide 20427–59–2 

Copper octanoate 20543–04–8 

Copper oxychloride 1332–65–6 

Copper oxychloride 

sulfate ................ 8012–69–9 

Copper salts of 

fatty and rosin 

acids .................. 9007–39–0 

Copper sulfate 

basic .................. 1344–73–6 

Copper sulfate 

pentahydrate ..... 7758–99–8 

Cuprous oxide ...... 1317–19–1 

* * * * * 

■ 16. Section 180.1284 is revised to read 

as follows: 

§ 180.1284 Ammonium salts of higher fatty 

acids (C8-C18 saturated; C8-C12

unsaturated); exemption from the 

requirement of a tolerance. 

Ammonium salts of C8-C18 saturated 

and C8-C12 unsaturated higher fatty 

acids are exempted from the 

requirement of a tolerance for residues 

in or on all food commodities when 

used in accordance with good 

agricultural practice. 

[FR Doc. E9–22022 Filed 9–15–09; 8:45 am] 

BILLING CODE 6560–50–S 


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