Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46689 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

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 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. 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 180.649 is added to read as 

follows: 

§ 180.649 Saflufenacil; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for residues of saflufenacil, 

including its metabolites and 

degradates, in or on the commodities in 

the table below. Compliance with the 

tolerance levels specified below is to be 

determined by measuring only the sum 

of saflufenacil, 2-chloro-5-[3,6-dihydro3-methyl-2,6-dioxo-4-(trifluoromethyl)- 

1(2H)-pyrimidinyl]-4-fluoro-N- 

[[methyl(1-methylethyl)amino]

sulfonyl]benzamide, and its metabolites 

N-[2-chloro-5-(2,6-dioxo-4- 

(trifluoromethyl)-3,6-dihydro-1(2H)- 

pyrimidinyl)-4-fluorobenzoyl]-N′- 

isopropylsulfamide and 

fluoro-5-({[(isopropylamino)sulfonyl]

amino}carbonyl)phenyl]urea, calculated 

as the stoichiometric equivalent of 

saflufenacil, in or on the commodities. 

Commodity Parts per million 

Almond, hulls .................. 0.10 

Cotton, gin byproducts ... 0.10 

Cotton, undelinted seed 0.03 

Fruit, citrus, group 10 ..... 0.03 

Fruit, pome, group 11 ..... 0.03 

Fruit, stone, group 12 ..... 0.03 

Grain, cereal, forage, 

fodder and straw 

Group 16 ..................... 0.10 

Grain, cereal, group 15 .. 0.03 

Grape .............................. 0.03 

Nut, tree, group 14 ......... 0.03 

Pistachio ......................... 0.03 

Sunflower, seed .............. 1.0 

Vegetable, foliage of legume, group 7 ............... 0.10 

Vegetable, legume, 

group 6 ........................ 0.03 

(2) Tolerances are established for 

residues of saflufenacil, including its 

metabolites and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only saflufenacil, 2-chloro-5- 

[3,6-dihydro-3-methyl-2,6-dioxo-4- 

(trifluoromethyl)-1(2H)-pyrimidinyl]-4-

fluoro-N-[[methyl(1-methylethyl)

amino]sulfonyl]benzamide, in or on the 

commodities. 

Commodity Parts per million 

Cattle, fat ........................ 0.01 

Cattle, liver ...................... 0.80 

Cattle, meat .................... 0.01 

Cattle, meat byproducts, 

except liver .................. 0.02 

Goat, fat .......................... 0.01 

Goat, liver ....................... 0.80 

Goat, meat ...................... 0.01 

Goat, meat byproducts, 

except liver .................. 0.02 

Hog, fat ........................... 0.01 

Hog, liver ........................ 0.80 

Hog, meat ....................... 0.01 

Hog, meat byproducts, 

except liver .................. 0.02 

Horse, fat ........................ 0.01 

Horse, liver ..................... 0.80 

Horse, meat .................... 0.01 

Horse, meat byproducts, 

except liver .................. 0.02 

Milk ................................. 0.01 

Sheep, fat ....................... 0.01 

Sheep, liver ..................... 0.80 

Sheep, meat ................... 0.01 

Sheep, meat byproducts, 

except liver .................. 0.02 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. E9–21826 Filed 9–10–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0834; FRL–8426–2] 

Azinphos-methyl, Disulfoton, 

Esfenvalerate, Ethylene oxide, 

Fenvalerate, et al.; Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking certain 

tolerances for the fungicides 

prothioconazole and thiabendazole; the 

herbicide primisulfuron-methyl; and the 

insecticides azinphos-methyl, 

disulfoton, esfenvalerate, fenvalerate, 

and phosalone; the plant growth 

regulator 1-naphthaleneacetic acid; and 

the antimicrobial/insecticidal agent 

ethylene oxide. Also, EPA is modifying 

certain tolerances for the insecticides 

disulfoton, esfenvalerate, and phosmet; 

and the plant growth regulator 1- 

naphthaleneacetic. In addition, EPA is 

establishing new tolerances for the 

insecticides disulfoton, esfenvalerate, 

and phosmet; and the antimicrobial/ 

insecticidal agent ethylene oxide and 

ethylene chlorohydrin (a reaction 

product formed during the fumigation/ 

sterilization process). 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 11, 2009. Objections and 

requests for hearings must be received 

on or before November 10, 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–2008–0834. 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. 


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46690 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 

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, Special Review and 

Reregistration 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. 436a, 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 

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–2008–0834 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 10, 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–2008–0834, 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 December 

31, 2008 (73 FR 80317) (FRL–8394–7), 

EPA issued a proposal to revoke, 

modify, and establish specific tolerances 

for residues of the fungicides 

prothioconazole and thiabendazole; the 

herbicide primisulfuron-methyl; and the 

insecticides azinphos-methyl, 

disulfoton, esfenvalerate, fenvalerate, 

phosalone, and phosmet; and the plant 

growth regulator 1-naphthaleneacetic 

acid; and the antimicrobial/insecticidal 

agent ethylene oxide and ethylene 

chlorohydrin (a reaction product formed 

during the fumigation/sterilization 

process). Also, the proposal of 

December 31, 2008 (73 FR 80317) 

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 for residues of azinphosmethyl, disulfoton, esfenvalerate, 

ethylene oxide, ethylene chlorohydrin, 

fenvalerate, 1-naphthaleneacetic acid, 

phosalone, phosmet, prothioconazole, 

primisulfuron-methyl, and 

thiabendazole in or on commodities 

listed in the regulatory text of this 

document. 

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 


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Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46691 

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: 

• 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. 

• EPA independently verifies that the 

tolerance is no longer needed. 

• The tolerance is not supported by 

data that demonstrate that the tolerance 

meets the requirements under FQPA. 

This final rule does not revoke those 

tolerances for which EPA received 

comments stating a need for the 

tolerance to be retained. In response to 

the proposal published in the Federal 

Register of December 31, 2008 (73 FR 

80317), EPA received comments during 

the 60–day public comment period, as 

follows: 

1. General—comment by private 

citizen. An anonymous comment was 

received which expressed concerns 

about pesticides on food and that only 

zero tolerance levels should be 

acceptable. 

Agency response. The commenter did 

not take issue with any of the Agency’s 

specific conclusions to modify, revoke, 

or establish certain tolerances. Also, the 

commenter did not refer to any specific 

studies which pertained to those 

conclusions. EPA believes that the 

tolerance actions finalized herein meet 

the safety standard of FFDCA section 

408, 21 U.S.C. 346a. In developing REDs 

and TREDs, EPA worked with 

stakeholders, pesticide registrants, 

growers, and other pesticide users, 

environmental and public health 

interests, the States, the U.S. 

Department of Agriculture, other 

Federal agencies, and others to develop 

voluntary measures or regulatory 

controls needed to effectively reduce 

risks of concern. Such options include 

voluntary cancellation of pesticide 

products or deletion of uses, declaring 

certain uses ineligible or not yet eligible, 

restricting use of products to certified 

applicators, limiting the amount or 

frequency of use, improving use 

directions and precautions, adding more 

protective clothing and equipment 

requirements, requiring special 

packaging or engineering controls, 

requiring no-treatment buffer zones, 

employing environmental and 

ecological safeguards, and other 

measures. 

2. Azinphos-methyl—i. Comment by 

the Cranberry Institute. The Cranberry 

Institute requested that the tolerance on 

cranberry be maintained until the 

planned Canadian phase-out in 2012, 

and the commenter also requested that 

a channels of trade date be made as 

2014. The commenter stated that much 

of the Canadian cranberry crop is 

imported into the United States. 

ii. Comments by Argentina’s Secretary 

of Agriculture and multiple growers 

organizations in Argentina, Chile, 

Mexico, and Uruguay. The Secretary of 

Agriculture in Argentina requested that 

the U.S. tolerances for azinphos-methyl 

on apples, pears, and cherries not be 

revoked, but rather remain in place to 

maintain trade flows with the United 

States. The commenter stated that in 

2008, Argentina exported 2 and 37 

million kilograms of apples and pears, 

respectively, to the United States and 

that a diminished supply of apples and 

pears may raise costs for U.S. 

consumers. Also, the Secretary of 

Agriculture in Argentina stated that the 

azinphos-methyl tolerance revocations 

were not associated with dietary risks. 

Multiple commenters from agricultural 

organizations in Argentina and one 

grower organization from Uruguay also 

requested that the U.S. tolerances for 

azinphos-methyl on apples and pears 

not be revoked, but rather remain in 

place to maintain trade flows with the 

United States. Several of these 

commenters also stated that the 

azinphos-methyl tolerance revocations 

were not associated with dietary risks 

and that use of alternatives to azinphosmethyl would be costly to growers there 

and U.S. consumers. 

iii. Comment by Makhteshim Agan of 

North America, Inc. (MANA). The 

commenter, a manufacturer of azinphosmethyl, expressed concern that 

azinphos-methyl treated crops may be 

in channels of trade beyond last 

azinphos-methyl use dates. Also, 

MANA stated that the azinphos-methyl 

tolerance revocations were not 

associated with dietary risks. In 

addition, MANA stated that import 

tolerances may be necessary because in 

2008, the United States imported 93 

million kilograms of apples from Chile, 

2 million kilograms of apples from 

Argentina, 25 million kilograms of pears 

from Chile, and 37 million kilograms of 

pears from Argentina, countries where 

azinphos-methyl is used to treat apples 

and pears. Furthermore, MANA stated 

that in 2006, the United States imported 

40% of fruit, 15% of vegetables, and 

18% of nuts and that a substantial 

number of crops have been treated with 

azinphos-methyl and expressed concern 

that tolerance revocation would 

discriminate against foreign food 

commodities for sale in the United 

States and internationally accepted 

scientific evidence in violation of the 

World Trade Organization’s General 

Agreement on Tariffs and Trade (GATT) 

Articles III and III.3, against GATT 

Members in violation of GATT Articles 

II.2. and II.3, and Member standards in 

violation of GATT Article IV. Finally, 

MANA requested that the U.S. 

tolerances for azinphos-methyl on 

apples, almonds, almond hulls, 

blueberries, Brussels sprouts, cherries, 

crabapples, parsley leaves, parsley 

turnip roots, peaches, pistachios, and 

walnuts not be revoked, but rather 

remain in place to maintain trade flows 

with the United States. 

iv. Comment by the Association of 

Exporters of Chile (ASOEX). ASOEX, a 

non-governmental Chilean organization, 

stated that the Agency’s proposal to 

revoke tolerances for azinphos-methyl 

on pome fruit, stone fruit, berries, and 

kiwifruit would be an unfair restriction 

on international trade, prohibited by 

GATT, and requested that the tolerances 

not be revoked. 

Agency response. According to the 

revised Canadian phase-out schedule for 

azinphos-methyl, the last date for use of 

azinphos-methyl by users in Canada on 


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46692 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 

cranberries is December 31, 2012. In the 

Federal Register of December 31, 2008 

(73 FR 80317)(FRL–8394–7), EPA 

proposed tolerance actions for several 

active ingredients including a proposal 

to revoke the tolerance for residues of 

azinphos-methyl on cranberry in 40 CFR 

180.154 and, as described in Unit II.C. 

of that document, the revocation would 

become effective on the date of 

publication of the final rule. Because the 

Cranberry Institute has expressed a need 

for maintenance of the tolerance until 

the end of 2012 for import purposes, 

EPA is revoking the U.S. tolerance for 

residues of azinphos-methyl in 40 CFR 

180.154 on cranberry at 0.5 ppm with an 

expiration/revocation date of December 

31, 2012. Commodities treated with 

pesticides that are in the channels of 

trade following tolerance revocation are 

subject to FFDCA section 408(l)(5). 

Under this section, any residues of 

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 the 

residue is present as the result of an 

application or use of the pesticide at a 

time and in a manner that was lawful 

under FIFRA and 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 a tolerance. Evidence to 

show that food was lawfully treated may 

include records that verify the dates that 

the pesticide was applied to such food. 

Currently, there is no tolerance for 

azinphos-methyl residues in or on 

kiwifruit and kiwifruit was not 

addressed in the proposal of December 

31, 2008 (73 FR 80317). Based on 

comments which expressed a need to 

retain specific tolerances for 

importation purposes into the United 

States, EPA will not revoke tolerances 

for residues of azinphos-methyl in or on 

almond; almond, hulls; apple; 

blackberry; blueberry; boysenberry; 

Brussels sprouts; cherry; crabapple; 

loganberry; parsley, leaves; parsley, 

turnip rooted, roots; peach; pear; 

pistachio; plum, prune; quince; 

raspberry; and walnut in 40 CFR 

180.154 at this time. Therefore, any 

arguments regarding GATT are moot at 

this time. However, retaining these 

tolerances indefinitely will likely 

require submission of data to 

demonstrate their safety. EPA believes 

that residue data from foreign countries, 

and perhaps other data, will be needed 

to support import tolerances for 

azinphos-methyl. For example, 

domestic U.S. residue data are not likely 

to be representative of growing 

conditions and use patterns in other 

countries. EPA published guidances on 

pesticide import tolerances and residue 

data for imported food in the Federal 

Register notices of April 5, 2006 (71 FR 

17099)(FRL–7772–1) and June 1, 2000 

(65 FR 35069)(FRL–6559–3). 

The Agency is revoking the following 

azinphos-methyl tolerances in 40 CFR 

180.154, for which no commenter 

expressed a need: Alfalfa, forage; alfalfa, 

hay; bean, snap, succulent; broccoli; 

cabbage; cauliflower; celery; clover, 

forage; clover, hay; cotton, undelinted 

seed; cucumber; eggplant; fruit, citrus, 

group 10; grape; hazelnut; melon; onion; 

pecan; pepper; potato; spinach; 

strawberry; tomato, postharvest; trefoil, 

forage; and trefoil, hay. Also, the 

Agency is removing the expired 

tolerance in 40 CFR 180.154 on 

sugarcane, cane. 

3. Esfenvalerate—comment by DuPont 

Crop Protection. DuPont Crop 

Protection stated that a tolerance of 1.0 

ppm on succulent peas is appropriate 

for esfenvalerate, that the regional 

tolerance for okra at 0.1 ppm for 

esfenvalerate be retained because there 

is a pending IR-4 request to set okra as 

a national tolerance at 0.5 ppm based on 

existing pepper data, that the kohlrabi 

and head lettuce tolerances not be made 

regional tolerances because kohlrabi is 

not geographically restricted and 

DuPont expects to submit a label 

amendment which removes the 

geographical restriction on head lettuce 

for esfenvalerate. Also, DuPont 

requested that a national tolerance be 

established on pistachios at 0.1 ppm 

and a regional tolerance be established 

on cardoon at 1.0 ppm based on 

pending tolerance petitions (PP#7F4859 

and PP#0E3912, respectively). In 

addition, DuPont notes that the Agency 

proposed revocation in 40 CFR 

180.379(a)(3) for the tolerance on 

soybean hulls for fenvalerate and states 

that, using the conversion method, one 

should be established for esfenvalerate 

at 0.5 ppm. 

Agency response. In the Federal 

Register of December 31, 2008 (73 FR 

80317)(FRL–8394–7), EPA proposed to 

revoke the tolerances in 40 CFR 

180.379(a) for residues of fenvalerate in 

or on pea at 1.0 ppm and pea, dry, seed 

at 0.25 ppm with expiration/revocation 

dates of April 2, 2010, and establish 

tolerances in 40 CFR 180.533(a)(1) for 

residues of esfenvalerate, its nonracemic isomer, and its diastereomers in 

or on pea, succulent at 0.5 ppm and pea, 

dry, seed at 0.25 ppm. Esfenvalerate is 

an enriched isomer of fenvalerate and 

bridging studies (field trial data) 

indicate that esfenvalerate residues are 

lower than fenvalerate residues. The 

Agency agreed that bridging data could 

satisfy registration requirements and 

used the tiered approach originally 

proposed by DuPont in tolerance 

petition PP#4F4329, which included 

that fenvalerate tolerances greater than 

or equal to 1.0 ppm but less than or 

equal to 2.0 ppm, should be divided by 

2 in a conversion to esfenvalerate 

tolerances for certain crop commodities, 

including peas, where the Agency 

recommended a tolerance of 0.5 ppm in 

or on succulent pea. Therefore, because 

the Agency considers that to be the 

appropriate tolerance, EPA is 

establishing the tolerance on pea, 

succulent in 40 CFR 180.533(a)(1) at 0.5 

ppm. 

The supporting data for the tolerance 

on kohlrabi comes from two field trials 

in Texas. However, in Table 1 of 

guideline 860.1500 for crop field trials, 

available at http:/www.epa.gov/opptsfrs/ 

publications/OPPTS_Harmonized/860_

Residue_Chemistry_Test_Guidelines/

Series/860-1500.pdf, the minimum 

number of crop field trials for kohlrabi 

is listed to be three. In addition, when 

the Agency reviewed the 1996 petition, 

it determined at that time that the labels 

should bear directions for kohlrabi 

grown in Texas only. Therefore, the 

available data do not support a national 

(non-geographically restricted) tolerance 

for esfenvalerate. Consequently, EPA is 

recodifying the tolerance for kohlrabi at 

2.0 ppm from 40 CFR 180.533(a) into 40 

CFR 180.533(c) as a regional tolerance. 

If the commenter has any additional 

information to provide on this issue, it 

should submit it to the Agency for 

consideration. 

Because the available data that the 

Agency has reviewed and approved 

supports a regional tolerance for head 

lettuce, EPA is recodifying the tolerance 

for lettuce, head at 5.0 ppm from 40 CFR 

180.533(a) into 40 CFR 180.533(c) as a 

regional tolerance. Should the 

commenter submit additional 

information, the Agency will consider it 

and take any appropriate actions. 

Regarding tolerance petition 

PP#6E7096, which proposed a tolerance 

on okra, the Agency notes that the 

petitioner needs to submit revised 

Sections B and F of the petition. See 

guidelines 860.1200 (http:/ 

www.epa.gov/opptsfrs/publications/

OPPTS_Harmonized/860_Residue_

Chemistry_Test_Guidelines/Series/860- 

1200.pdf) and 860.1550 (http:/www.epa.

gov/opptsfrs/publications/

OPPTS_Harmonized/860_Residue_

Chemistry_Test_Guidelines/Series/860- 

1550.pdf), respectively, available at 

http:/www.epa.gov/opptsfrs/home/

guidelin.htm. However, due to an 

existing regional tolerance for 


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fenvalerate on okra and EPA’s proposed 

establishment of tolerances in 40 CFR 

180.533(a) for esfenvalerate residues of 

concern in or on pepper and tomato 

(whose bridging data the Agency 

determined can be translated to okra) at 

0.5 ppm, the Agency agrees that the 

tolerance on okra should be established 

for esfenvalerate at this time. This is 

consistent with the Agency’s proposal 

published on December 31, 2008 (73 FR 

80317) to convert tolerances for 

fenvalerate to esfenvalerate. Therefore, 

EPA is establishing a permanent 

tolerance in 40 CFR 180.533(a)(1) for 

esfenvalerate residues of concern in or 

on okra at 0.5 ppm. Also, the Agency 

notes that label revisions are required to 

specify a maximum seasonal application 

rate of 0.5 lb active ingredient/Acre (ai/ 

A) for okra. Petition PP#0E3912, which 

proposed a tolerance for cardoon, 

proposed the tolerance in terms of 

fenvalerate and the petitioner needs to 

submit a revised Section F to request a 

tolerance for esfenvalerate. Regarding 

tolerance petition PP#7F4859, which 

proposed a tolerance on pistachio, the 

petitioner needs to submit a revised 

Section F to correct the tolerance 

expression and the commodity name. 

Consequently, after the Agency receives 

each revised Section F, the Agency 

expects to address cardoon and 

pistachio in a future publication in the 

Federal Register. 

The April 2006, Residue Chemistry 

Chapter for esfenvalerate, posted in the 

docket of the proposed rule of December 

31, 2008 (73 FR 80317), noted that the 

Agency would allow conversion of the 

established fenvalerate tolerance on 

soybean (seed) to esfenvalerate. 

However, it did not mention 

establishing an esfenvalerate tolerance 

for soybean hulls. Instead, it 

inadvertently recommended retaining 

the fenvalerate tolerance on soybean 

hulls for import purposes instead of 

revocation concomitant with the 

establishment of that tolerance for 

esfenvalerate based on available 

bridging data. Typically, the Agency 

provides for public comment, including 

requests to maintain tolerances for 

import purposes, in its publication in 

the Federal Register of a proposed 

tolerance revocation. No public 

comments were received by the Agency 

during the 60–day comment period 

provided by the proposed rule of 

December 31, 2008 (73 FR 80317) 

regarding a request to maintain any 

fenvalerate tolerances for import 

purposes. The Agency agrees with 

DuPont that bridging residue 

comparison data on soybean hulls are 

available. According to the April 2006 

Residue Chemistry Chapter, fenvalerate 

residues concentrated approximately 

20X in soybean hulls, and with a 

soybean seed tolerance of 0.05 ppm an 

appropriate fenvalerate tolerance on 

soybean hulls is calculated by the 

Agency to be 1.0 ppm. An expected 

fenvalerate tolerance level of 1.0 ppm 

should be divided by 2 for esfenvalerate 

conversion, so that the Agency believes 

that a tolerance on soybean, hulls at 0.5 

ppm should be established for 

esfenvalerate at this time. This is 

consistent with the Agency’s proposal 

published on December 31, 2008 (73 FR 

80317) to convert tolerances for 

fenvalerate to esfenvalerate. Therefore, 

EPA is establishing a tolerance in 40 

CFR 180.533(a)(1) on soybean, hulls at 

0.5 ppm. 

EPA did not propose in a notice for 

comment to revise the tolerance 

nomenclature for esfenvalerate in 40 

CFR 180.533(a)(1) from sorghum, forage 

to sorghum, grain, forage, and turnip, 

tops to turnip, greens 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 

180.533(a)(1) from sorghum, forage to 

sorghum, grain, forage, and turnip, tops 

to turnip, greens. The reason for taking 

this action is because such action has no 

practical impact on the use of or 

exposure to the pesticide active 

ingredient, esfenvalerate, in or on that 

commodity and is made such that the 

tolerance terminology will conform to 

current Agency practice. 

Consequently, in addition to the 

establishment of tolerances on okra and 

soybean, hulls, and the revising of the 

tolerance nomenclature for sorghum, 

forage to sorghum, grain, forage, the 

Agency is finalizing all other 

amendments proposed concerning 

esfenvalerate in the Federal Register of 

December 31, 2008 (73 FR 80317). 

4. Ethylene oxide (ETO)—comments 

by the American Spice Trade 

Association (ASTA) and Cosmed Group, 

Inc.. The commenters, McDermott, Will, 

and Emery on behalf of ASTA, and the 

Cosmed Group, Inc., expressed concern 

that while they are not objecting to the 

exclusion of basil, the replacement of 

ethylene oxide tolerances for ‘‘whole 

spices’’ and ‘‘ground spices’’ in 40 CFR 

180.151(a) with ‘‘herb and spice, group 

19, dried, except basil’’ and ‘‘vegetable, 

dried’’ may not be as comprehensive as 

the existing tolerances. Also, the 

commenters provided a list of spices. In 

addition, McDermott, Will, and Emery 

on behalf of ASTA, stated that there has 

been some difficulty in meeting the 

proposed tolerance value for the 

reaction product, 2-chloroethanol, 

commonly referred to as ethylene 

chlorohydrin (ECH), and that some of 

ASTA’s members need additional time 

to address application steps to help 

assure that the tolerance proposal for 

ECH tolerances can be met. Therefore, 

ASTA is requesting that the finalization 

of the ECH tolerances not be made 

effective before August 31, 2009. 

Agency response. Certain spices 

depicted in ASTA’s list (Capsicums, 

ginger, horseradish, paprika, garlic, 

onion, turmeric, and arrowroot) are 

covered by the proposed tolerances on 

‘‘vegetable, dried.’’ Camomile (German 

or Hungarian) is covered by camomile; 

oregano is covered by the preferred term 

marjoram, and pink peppercorns is 

covered by black pepper within the 

proposed tolerance on ‘‘herb and spice, 

group 19, dried, except basil.’’ However, 

there are four commodities (licorice 

roots, peppermint and spearmint leaves, 

and sesame seeds) cited by ASTA and 

Cosmed that are not currently covered 

by proposed tolerances for ‘‘vegetable, 

dried’’ or ‘‘herb and spice, group 19, 

dried, except basil.’’ In the future, the 

Agency may revise crop groupings (e.g., 

the Agency may consider the addition of 

licorice roots into vegetable, root and 

tuber, group 1, which would then cover 

licorice roots as a spice under vegetable, 

dried). At this time, the Agency 

determined that addition of individual 

tolerances for these four commodities at 

7 ppm for ethylene oxide residues and 

940 ppm for ethylene chlorohydrin 

residues does not significantly affect the 

dietary risk assessment. Therefore, EPA 

is establishing tolerances in 40 CFR 

180.151(a)(1) for residues of the 

antimicrobial agent and insecticide 

ethylene oxide, when used as a 

postharvest fumigant, in or on licorice, 

roots; peppermint, tops, dried; 

spearmint, tops, dried; and sesame, 

seed; each at 7 ppm and in 40 CFR 

180.151(a)(2) for residues of the 

ethylene oxide reaction product, 2- 

chloroethanol, commonly referred to as 

ethylene chlorohydrin, when ethylene 

oxide is used as a postharvest fumigant, 

in or on licorice, roots; peppermint, 

tops, dried; spearmint, tops, dried; and 

sesame, seed; each at 940 ppm. Also, the 

Agency expects to publish this final rule 

in September 2009, which is consistent 

with ASTA’s request that tolerances for 


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46694 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 

ethylene chlorohydrin not be made 

effective before August 31, 2009. 

Consequently, in addition to the 

establishment of tolerances for both 

ethylene oxide and ethylene 

chlorohydrin on licorice, roots; 

peppermint, tops, dried; spearmint, 

tops, dried; and sesame, seed, the 

Agency is finalizing all other 

amendments proposed concerning 

ethylene oxide and ethylene 

chlorohydrin in the Federal Register of 

December 31, 2008 (73 FR 80317). 

5. 1-Naphthaleneacetic acid, salts, 

ethyl ester, and acetamide—comments 

by the Northwest Horticultural Council 

(NHC) and AMVAC Chemical 

Corporation. The NHC expressed a 

concern about the proposed tolerance 

decreases on apple, pear, and quince 

from 1.0 to 0.1 ppm (revised into fruit, 

pome, group 11) because the registrant 

suggested that when conducting field 

trials using two applications at 50 g per 

acre, residues of up to 0.094 ppm 

resulted, and stated that residues may 

be dependent on time of year and 

variety of apple or pear being treated. 

Also, the NHC stated that, in the 2007 

revised RED, the modified label 

language for potassium salt formulation 

and the number of applications allowed 

each year is not clear; i.e., it appears to 

limit use to one or two applications. 

AMVAC stated that residues on apples 

and pears in one study were as high as 

0.093 ppm and 0.086 ppm, respectively, 

and requested that the tolerances on 

apples and pears be maintained at 1.0 

ppm. 

Agency response. NHC’s and 

AMVAC’s citation of residues on apples 

as high as 0.093 ppm (MRID 45283601) 

represented samples from one of four 

site locations with a 2–day pre-harvest 

interval (PHI). AMVAC’s citation of 

residues on pears as high as 0.086 ppm 

(MRID 45283602) represented samples 

with a 1–day PHI. Half-life for 1- 

naphthaleneacetic acid (NAA) residues 

on apples and pears under field 

conditions from these studies were 

determined to be 4.8 days and 1.9 days, 

respectively. Residues at a PHI of 2 days 

were as high as 0.0455 ppm on pears. 

The recommendation in the RED for a 

group tolerance of 0.1 ppm on pome 

fruit cited detectable residues for apple 

and pear that were below 0.1 ppm 

following sequential treatments at rates 

approximating the maximum label use 

patterns. The March 2004 Residue 

Chemistry Chapter for NAA cited 

residues at 5 days following the last 

sequential treatment as high as 0.06 

ppm for apples (MRID 40884401) and 

0.03 ppm for pears (MRID 40884402) 

and at 2–day PHIs as 0.093 ppm for 

apples (MRID 45283601) and 0.075 ppm 

for pears (MRID 45283602). The Agency 

notes that the degradation of NAA may 

result in variable residue levels with 

environmental variables such as 

seasonality and temperature as well as 

with early/late season apple/pear 

varieties. If such data are submitted, 

EPA will further evaluate appropriate 

tolerance levels. Currently, in response 

to comments from NHC and AMVAC, 

the Agency put residue levels for apples 

and pears, representing the 2–day PHI, 

into the NAFTA MRL Calculator, a 

statistical procedure for tolerance 

assessment, and determined that based 

on the variability of the residue data and 

a 99% confidence limit, a tolerance 

level of 0.15 ppm is appropriate; i.e., the 

tolerance on pome fruit should be 

increased above the proposed level of 

0.1 ppm to 0.15 ppm. Consequently, the 

Agency is decreasing the tolerances on 

apple, pear, and quince to 0.15 ppm and 

revising them into a crop group 

tolerance in 40 CFR 180.155(a) on fruit, 

pome, group 11 at 0.15 ppm. EPA has 

determined that this tolerance is safe. 

The Agency agrees that Appendix A 

in the RED summarizes use patterns at 

the time of the RED that were eligible 

for registration for potassium 1- 

naphthaleneacetate, whose labels 

needed to be changed as per the RED, 

with amended language to specify a 

maximum single application rate as 0.11 

pound of acid equivalents per acre (lb 

ae/A), (except for olive trees only at 0.33 

lb ae/A), a maximum rate for all uses 

per year or crop cycle as 0.33 lb ae/A, 

a minimum re-treatment interval 

between applications of 5 days and reentry intervals (REIs) of 12 hours for the 

ethyl ester and 48 hours for the acid, 

potassium salt, ammonium salt, sodium 

salt and acetamide forms. Any 

discrepancies in the use profile will be 

evaluated by the Agency and, if needed, 

corrected. 

In addition to the establishment of the 

tolerance on fruit, pome, group 11 at 

0.15 ppm, the Agency is finalizing all 

other amendments proposed concerning 

1-naphthaleneacetic acid, salts, ethyl 

ester, and acetamide in the Federal 

Register of December 31, 2008 (73 FR 

80317). 

In addition, the Agency is making the 

following revision in this final rule. 

6. Disulfoton. EPA did not propose in 

a notice for comment to revise the 

tolerance nomenclature for disulfoton, 

O,O-diethyl S-[2-(ethylthio)ethyl] 

phosphorodithioate, in 40 CFR 

180.183(a) from coffee, bean to coffee, 

green bean, 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 

180.183(a) from coffee, bean to coffee, 

green bean. The reason for taking this 

action is because such action has no 

practical impact on the use of or 

exposure to the pesticide active 

ingredient, disulfoton, in or on that 

commodity and is made such that the 

tolerance terminology will conform to 

current Agency practice. 

The Agency did not receive any 

specific comments on the following 

pesticide active ingredients: Disulfoton, 

fenvalerate, phosalone, phosmet, 

primisulfuron-methyl, prothioconazole, 

and thiabendazole. Therefore, in 

addition to revising the tolerance 

nomenclature for coffee, bean to coffee, 

green bean for disulfoton, EPA is 

finalizing the amendments proposed 

concerning these active ingredients in 

the Federal Register of December 31, 

2008 (73 FR 80317). For a detailed 

discussion of the Agency’s rationale for 

the establishments, revocations, and 

modifications to the tolerances, refer to 

the proposed rule of December 31, 2008. 

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 azinphosmethyl, disulfoton, 1-naphthaleneacetic 

acid, phosmet, and thiabendazole and 

TREDs for ethylene oxide and 

primisulfuron methyl. REDs and TREDs 

contain the Agency’s evaluation of the 


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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 

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 azinphos-methyl, 

disulfoton, fenvalerate, phosalone, and 

thiabendazole for which EPA is 

revoking with specific expiration/ 

revocation dates, the Agency is 

revoking, modifying, and establishing 

specific tolerances, and revising specific 

commodity terminologies effective on 

the date of publication of this final rule 

in the Federal Register. With the 

exception of the specific tolerances for 

azinphos-methyl, disulfoton, 

fenvalerate, phosalone, and 

thiabendazole, the Agency believes that 

existing stocks of pesticide products 

labeled for the uses associated with the 

revoked tolerances have been 

completely exhausted and that treated 

commodities have had sufficient time 

for passage through the channels of 

trade. EPA is revoking certain specific 

tolerances with expiration/revocation 

dates of December 31, 2012 for the 

azinphos-methyl tolerance on cranberry; 

October 14, 2009 for disulfoton 

tolerances on spinach and tomato; 

January 30, 2010 for disulfoton 

tolerances on barley, grain; barley, 

straw; grain, aspirated fractions; peanut; 

pepper; potato; wheat, hay; wheat, 

grain; wheat, straw; milk; and the fat, 

meat, and meat byproducts of cattle, 

goats, hogs, horses, and sheep; April 2, 

2010 for most of the fenvalerate 

tolerances; September 30, 2013 for 

phosalone tolerances on apple; cherry; 

grape; peach; pear; and plum, prune, 

fresh; and December 25, 2010 for 

thiabendazole tolerances on beet, sugar, 

dried pulp; beet, sugar, roots; and beet, 

sugar, tops. 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(l)(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 


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46696 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 

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 

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: August 27, 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. 

§ 180.3 [Amended] 

■ 2. Section 180.3 is amended by 

removing paragraph (d)(7) and 

redesignating paragraphs (d)(8) through 

(d)(13) as paragraphs (d)(7) through 

(d)(12), respectively. 

■ 3. Section 180.151 is amended by 

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

by revising paragraph (a)(2) to read as 

follows: 

§180.151 Ethylene oxide; tolerances for 

residues. 

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

Commodity Parts per 

million 

Herb and spice, group 19, 

dried, except basil ................. 7 

Licorice, roots ........................... 7 

Peppermint, tops, dried ............ 7 

Sesame, seed ........................... 7 

Spearmint, tops, dried .............. 7 

Vegetable, dried ....................... 7 

Walnut ....................................... 50 

(2) Tolerances are established for 

residues of the ethylene oxide reaction 

product, 2-chloroethanol, commonly 

referred to as ethylene chlorohydrin, 

when ethylene oxide is used as a 

postharvest fumigant in or on food 

commodities as follows: 

Commodity Parts per 

million 

Herb and spice, group 19, 

dried, except basil ................. 940 

Licorice, roots ........................... 940 

Peppermint, tops, dried ............ 940 

Sesame, seed ........................... 940 

Spearmint, tops, dried .............. 940 


cprice-sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46697 

Commodity Parts per 

million 

Vegetable, dried ....................... 940 

* * * * * 

■ 4. Section 180.154 is amended by 

revising the section heading and the 

table in paragraph (a) to read as follows: 

§180.154 Azinphos-methyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Almond1 ............ 0.2 None 

Almond, hulls1 .. 5.0 None 

Apple2 ............... 1.5 None 

Blackberry3 ....... 2.0 None 

Blueberry2 ......... 5.0 None 

Boysenberry3 .... 2.0 None 

Brussels 

sprouts4 ......... 2.0 None 

Cherry2 ............. 2.0 None 

Crabapple2 ........ 1.5 None 

Cranberry3 ........ 0.5 12/31/12 

Loganberry3 ...... 2.0 None 

Parsley, leaves2 5.0 None 

Parsley, turnip 

rooted, roots2 2.0 None 

Peach3 .............. 2.0 None 

Pear2 ................. 1.5 None 

Pistachio1 .......... 0.3 None 

Plum, prune5 ..... 2.0 None 

Quince5 ............. 1.5 None 

Raspberry3 ........ 2.0 None 

Walnut1 ............. 0.3 None 

1There are no U.S. registrations as of 

October 30, 2009. 2There are no U.S. registrations as of 

September 30, 2012. 3There are no U.S. registrations since 

September 30, 2006. 4There are no U.S. registrations since 

September 30, 2008. 5There are no U.S. registrations since 

December 28, 2005. 

* * * * * 

■ 5. Section 180.155 is revised to read 

as follows: 

§ 180.155 1-Naphthaleneacetic acid; 

tolerances for residues. 

(a) General. Tolerances are 

established for the combined residues of 

the plant growth regulator 1- 

naphthaleneacetic acid and its 

conjugates calculated as 1- 

naphthaleneacetic acid from the 

application of 1-naphthaleneacetic acid, 

its ammonium, sodium, or potassium 

salts, ethyl ester, and acetamide in or on 

food commodities as follows: 

Commodity Parts per 

million 

Cherry, sweet ........................... 0.1 

Commodity Parts per 

million 

Fruit, pome, group 11 ............... 0.15 

Olive .......................................... 0.7 

Orange ...................................... 0.1 

Pineapple1 ................................ 0.05 

Tangerine .................................. 0.1 

1 There are no U.S. registrations since 

1988. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

■ 6. Section 180.183 is amended by 

revising paragraph (a) and paragraph (c) 

to read as follows: 

§180.183 O,O-Diethyl S-[2-(ethylthio)ethyl] 

phosphorodithioate; tolerances for 

residues. 

(a) General. Tolerances are 

established for the combined residues of 

the insecticide disulfoton, O,O-diethyl 

S-[2-(ethylthio)ethyl] 

phosphorodithioate; demeton-S, O,Odiethyl S-[2-(ethylthio)ethyl] 

phosphorothioate; disulfoton sulfoxide, 

O,O-diethyl S-[2-(ethylsulfinyl)ethyl] 

phosphorodithioate; disulfoton oxygen 

analog sulfoxide, O,O-diethyl S-[2- 

(ethylsulfinyl)ethyl] phosphorothioate; 

disulfoton sulfone, O,O-diethyl S-[2- 

(ethylsulfonyl)ethyl] 

phosphorodithioate; and disulfoton 

oxygen analog sulfone, O,O-diethyl S-[2- 

(ethylsulfonyl)ethyl] phosphorothioate; 

calculated as disulfoton, in or on food 

commodities as follows: 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Barley, grain ......... 0.2 1/30/10 

Barley, straw ......... 5.0 1/30/10 

Bean, lima ............. 0.75 None 

Bean, snap, succulent ................. 0.75 None 

Broccoli ................. 0.75 None 

Brussels sprouts ... 0.75 None 

Cabbage ............... 0.75 None 

Cattle, fat .............. 0.05 1/30/10 

Cattle, meat .......... 0.05 1/30/10 

Cattle, meat byproducts ............ 0.05 1/30/10 

Cauliflower ............ 0.75 None 

Coffee, green bean 0.2 None 

Cotton, undelinted 

seed .................. 0.75 None 

Goat, fat ................ 0.05 1/30/10 

Goat, meat ............ 0.05 1/30/10 

Goat, meat byproducts .................... 0.05 1/30/10 

Grain, aspirated 

fractions ............. 0.3 1/30/10 

Hog, fat ................. 0.05 1/30/10 

Hog, meat ............. 0.05 1/30/10 

Hog, meat byproducts .................... 0.05 1/30/10 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Horse, fat .............. 0.05 1/30/10 

Horse, meat .......... 0.05 1/30/10 

Horse, meat byproducts ............ 0.05 1/30/10 

Lettuce, head ........ 0.75 None 

Lettuce, leaf .......... 2 None 

Milk ....................... 0.01 1/30/10 

Peanut .................. 0.1 1/30/10 

Pepper .................. 0.1 1/30/10 

Potato ................... 0.5 1/30/10 

Sheep, fat ............. 0.05 1/30/10 

Sheep, meat ......... 0.05 1/30/10 

Sheep, meat byproducts ............ 0.05 1/30/10 

Spinach ................. 0.75 10/14/09 

Tomato .................. 0.75 10/14/09 

Wheat, grain ......... 0.2 1/30/10 

Wheat, hay ........... 5.0 1/30/10 

Wheat, straw ......... 5.0 1/30/10 

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registration are established for the 

combined residues of the insecticide 

disulfoton, O,O-diethyl S-[2- 

(ethylthio)ethyl] phosphorodithioate; 

demeton-S, O,O-diethyl S-[2- 

(ethylthio)ethyl] phosphorothioate; 

disulfoton sulfoxide, O,O-diethyl S-[2- 

(ethylsulfinyl)ethyl] 

phosphorodithioate; disulfoton oxygen 

analog sulfoxide, O,O-diethyl S-[2- 

(ethylsulfinyl)ethyl] phosphorothioate; 

disulfoton sulfone, O,O-diethyl S-[2- 

(ethylsulfonyl)ethyl] 

phosphorodithioate; and disulfoton 

oxygen analog sulfone, O,O-diethyl S-[2- 

(ethylsulfonyl)ethyl] phosphorothioate; 

calculated as disulfoton, in or on food 

commodities as follows: 

Commodity Parts per 

million 

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

* * * * * 

■ 7. Section 180.242 is amended by 

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

read as follows: 

§180.242 Thiabendazole; tolerances for 

residues. 

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

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Apple, wet pomace 12.0 None 

Avocado1 .............. 10.0 None 

Banana, 

postharvest ........ 3.0 None 

Bean, dry, seed .... 0.1 None 

Beet, sugar, dried 

pulp ................... 3.5 12/25/10 

Beet, sugar, roots 0.25 12/25/10 

Beet, sugar, tops .. 10.0 12/25/10 


cprice-sewell on DSKGBLS3C1PROD with RULES
46698 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Cantaloupe1 .......... 15.0 None 

Carrot, roots, 

postharvest ........ 10.0 None 

Citrus, oil ............... 15.0 None 

Fruit, citrus, group 

10, postharvest 10.0 None 

Fruit, pome, group 

11, postharvest 5.0 None 

Mango ................... 10.0 None 

Mushroom ............. 40.0 None 

Papaya, 

postharvest ........ 5.0 None 

Potato, postharvest 10.0 None 

Soybean ................ 0.1 None 

Strawberry1 ........... 5.0 None 

Sweet potato 

(postharvest to 

sweet potato intended only for 

use as seed) ..... 0.05 None 

Wheat, grain ......... 1.0 None 

Wheat, straw ......... 1.0 None 

1There are no U.S. registrations on the 

indicated commodity. 

* * * * * 

■ 8. Section 180.261 is amended by 

revising the table in paragraph (a) to 

read as follows: 

§180.261 N-Mercaptomethyl phthalimide 

S-(O,O-dimethyl phosphorodithioate) and 

its oxygen analog; tolerances for residues. 

(a) * * * 

Commodity Parts per 

million 

Alfalfa, forage ........................... 20 

Alfalfa, hay ................................ 40 

Almond, hulls ............................ 10 

Apple ......................................... 10 

Apricot ....................................... 5 

Blueberry .................................. 10 

Cattle, fat .................................. 0.2 

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

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

Cherry ....................................... 10 

Cotton, refined oil ..................... 0.2 

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

Cranberry .................................. 10 

Fruit, citrus, group 10 ............... 5 

Goat, fat .................................... 0.1 

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

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

Grape ........................................ 10 

Hog, fat ..................................... 0.2 

Hog, meat ................................. 0.04 

Hog, meat byproducts .............. 0.04 

Horse, fat .................................. 0.1 

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

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

Kiwifruit ..................................... 25 

Milk ........................................... 0.1 

Nectarine .................................. 5 

Nut, tree, group 14 ................... 0.1 

Pea, dry, seed .......................... 0.5 

Pea, field, hay ........................... 20 

Pea, field, vines ........................ 10 

Pea, succulent .......................... 1 

Peach ........................................ 10 

Commodity Parts per 

million 

Pear .......................................... 10 

Plum, prune, fresh .................... 5 

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

Sheep, fat ................................. 0.1 

Sheep, meat ............................. 0.1 

Sheep, meat byproducts .......... 0.1 

Sweet potato, roots .................. 12 

* * * * * 

■ 9. Section 180.263 is revised to read 

as follows: 

§180.263 Phosalone; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide phosalone, S-(6-chloro-3- 

(mercaptomethyl)-2-benzoxazolinone) 

O,O-diethyl phosphorodithioate, in or 

on the following food commodities: 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Apple1 ............... 10.0 9/30/13 

Cherry1 ............. 15.0 9/30/13 

Grape1 .............. 10.0 9/30/13 

Peach1 .............. 15.0 9/30/13 

Pear1 ................. 10.0 9/30/13 

Plum, prune, 

fresh1 ............. 15.0 9/30/13 

1 There are no U.S. registrations since 

1992. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

§ 180.309 [Removed] 

■ 10. Section 180.309 is removed. 

■ 11. Section 180.379 is revised to read 

as follows: 

§180.379 Fenvalerate; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide fenvalerate, cyano(3- 

phenoxyphenyl)methyl-4-chloro-a-(1- 

methylethyl)benzeneacetate, in or on 

food commodities as follows: 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Almond .................. 0.2 4/2/10 

Almond, hulls ........ 15.0 4/2/10 

Apple ..................... 2.0 4/2/10 

Artichoke, globe .... 0.2 4/2/10 

Bean, dry, seed .... 0.25 4/2/10 

Bean, snap, succulent ................. 2.0 4/2/10 

Broccoli ................. 2.0 4/2/10 

Blueberry .............. 3.0 4/2/10 

Cabbage ............... 10.0 4/2/10 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Caneberry subgroup 13A ......... 3.0 4/2/10 

Cantaloupe ........... 1.0 4/2/10 

Carrot, roots .......... 0.5 4/2/10 

Cattle, fat .............. 1.5 4/2/10 

Cattle, meat .......... 1.5 4/2/10 

Cattle, meat byproducts ............ 1.5 4/2/10 

Cauliflower ............ 0.5 4/2/10 

Collards ................. 10.0 4/2/10 

Corn, field, forage 50.0 4/2/10 

Corn, field, grain ... 0.02 4/2/10 

Corn, field, stover 50.0 4/2/10 

Corn, pop, grain .... 0.02 4/2/10 

Corn, pop, stover .. 50.0 4/2/10 

Corn, sweet, forage .................... 50.0 4/2/10 

Corn, sweet, kernel 

plus cob with 

husks removed .. 0.1 4/2/10 

Corn, sweet, stover 50.0 4/2/10 

Cotton, undelinted 

seed .................. 0.2 4/2/10 

Cucumber ............. 0.5 4/2/10 

Currant .................. 3.0 4/2/10 

Eggplant ................ 1.0 4/2/10 

Elderberry ............. 3.0 4/2/10 

Fruit, stone, group 

12 ...................... 10.0 4/2/10 

Goat, fat ................ 1.5 4/2/10 

Goat, meat ............ 1.5 4/2/10 

Goat, meat byproducts .................... 1.5 4/2/10 

Gooseberry ........... 3.0 4/2/10 

Hazelnut ................ 0.2 4/2/10 

Hog, fat ................. 1.5 4/2/10 

Hog, meat ............. 1.5 4/2/10 

Hog, meat byproducts .................... 1.5 4/2/10 

Horse, fat .............. 1.5 4/2/10 

Horse, meat .......... 1.5 4/2/10 

Horse, meat byproducts ............ 1.5 4/2/10 

Huckleberry ........... 3.0 4/2/10 

Melon, honeydew 1.0 4/2/10 

Milk ....................... 0.3 4/2/10 

Milk, fat ................. 7.0 4/2/10 

Muskmelon ........... 1.0 4/2/10 

Pea ....................... 1.0 4/2/10 

Pea, dry, seed ...... 0.25 4/2/10 

Peanut .................. 0.02 4/2/10 

Pear ...................... 2.0 4/2/10 

Pecan .................... 0.2 4/2/10 

Pepper .................. 1.0 4/2/10 

Potato ................... 0.02 4/2/10 

Pumpkin ................ 1.0 4/2/10 

Radish, roots ........ 0.3 4/2/10 

Radish, tops .......... 8.0 4/2/10 

Sheep, fat ............. 1.5 4/2/10 

Sheep, meat ......... 1.5 4/2/10 

Sheep, meat byproducts ............ 1.5 4/2/10 

Soybean, seed ...... 0.05 4/2/10 

Squash, summer .. 0.5 4/2/10 

Squash, winter ...... 1.0 4/2/10 

Sugarcane, cane .. 2.0 4/2/10 

Sunflower, seed .... 1.0 4/2/10 

Tomato .................. 1.0 4/2/10 

Turnip, roots ......... 0.5 4/2/10 

Turnip, tops ........... 20.0 4/2/10 

Walnut ................... 0.2 4/2/10 

Watermelon .......... 1.0 4/2/10 


cprice-sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Rules and Regulations 46699 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

§ 180.452 [Amended] 

■ 12. Section 180.452 is amended by 

removing from the table in paragraph (a) 

the entry ‘‘corn, sweet, kernel plus cob 

with husks removed.’’ 

■ 13. Section 180.533 is amended by 

revising paragraph (a) and adding 

paragraph (c) to read as follows: 

§180.533 Esfenvalerate; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for the combined residues of 

the insecticide esfenvalerate, (S)- 

cyano(3-phenoxyphenyl)methyl-(S)-4- 

chloro-a-(1-methylethyl)benzeneacetate, 

its non-racemic isomer, (R)-cyano(3- 

phenoxyphenyl)methyl-(R)-4-chloro-a- 

(1-methylethyl)benzeneacetate and its 

diastereomers (S)-cyano(3- 

phenoxyphenyl)methyl-(R)-4-chloro-a- 

(1-methylethyl)benzeneacetate and (R)- 

cyano(3-phenoxyphenyl)methyl-(S)-4- 

chloro-a-(1-methylethyl)benzeneacetate, 

in or on food commodities as follows: 

Commodity Parts per 

million 

Almond ...................................... 0.2 

Almond, hulls ............................ 5.0 

Apple ......................................... 1.0 

Artichoke, globe ........................ 1.0 

Bean, dry, seed ........................ 0.25 

Bean, snap, succulent .............. 1.0 

Beet, sugar, roots ..................... 0.05 

Beet, sugar, tops ...................... 5.0 

Blueberry .................................. 1.0 

Broccoli ..................................... 1.0 

Cabbage, except Chinese cabbage ...................................... 3.0 

Caneberry subgroup 13A ......... 1.0 

Cantaloupe ............................... 0.5 

Carrot, roots .............................. 0.5 

Cattle, fat .................................. 1.5 

Cattle, meat .............................. 1.5 

Cattle, meat byproducts ........... 1.5 

Cauliflower ................................ 0.5 

Collards ..................................... 3.0 

Corn, field, forage ..................... 15.0 

Corn, field, grain ....................... 0.02 

Corn, field, stover ..................... 15.0 

Corn, pop, grain ........................ 0.02 

Corn, pop, stover ...................... 15.0 

Corn, sweet, forage .................. 15.0 

Corn, sweet, kernel plus cob 

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

Corn, sweet, stover .................. 15.0 

Cotton, undelinted seed ........... 0.2 

Cucumber ................................. 0.5 

Egg ........................................... 0.03 

Eggplant .................................... 0.5 

Elderberry ................................. 1.0 

Fruit, stone, group 12 ............... 3.0 

Goat, fat .................................... 1.5 

Goat, meat ................................ 1.5 

Commodity Parts per 

million 

Goat, meat byproducts ............. 1.5 

Gooseberry ............................... 1.0 

Hazelnut .................................... 0.2 

Hog, fat ..................................... 1.5 

Hog, meat ................................. 1.5 

Hog, meat byproducts .............. 1.5 

Horse, fat .................................. 1.5 

Horse, meat .............................. 1.5 

Horse, meat byproducts ........... 1.5 

Kiwifruit ..................................... 0.5 

Lentil, seed ............................... 0.25 

Melon, honeydew ..................... 0.5 

Milk ........................................... 0.3 

Milk, fat ..................................... 7.0 

Muskmelon ............................... 0.5 

Mustard greens ......................... 5.0 

Okra .......................................... 0.5 

Pea, dry, seed .......................... 0.25 

Pea, succulent .......................... 0.5 

Peanut ...................................... 0.02 

Pear .......................................... 1.0 

Pecan ........................................ 0.2 

Pepper ...................................... 0.5 

Potato ....................................... 0.02 

Poultry, fat ................................ 0.3 

Poultry, liver .............................. 0.03 

Poultry, meat ............................ 0.03 

Poultry, meat byproducts, except liver ................................ 0.3 

Pumpkin .................................... 0.5 

Radish, roots ............................ 0.3 

Radish, tops .............................. 3.0 

Sheep, fat ................................. 1.5 

Sheep, meat ............................. 1.5 

Sheep, meat byproducts .......... 1.5 

Sorghum, grain, forage ............. 10.0 

Sorghum, grain, grain ............... 5.0 

Sorghum, grain, stover ............. 10.0 

Soybean, hulls .......................... 0.5 

Soybean, seed .......................... 0.05 

Squash, summer ...................... 0.5 

Squash, winter .......................... 0.5 

Sugarcane, cane ...................... 1.0 

Sunflower, seed ........................ 0.5 

Sweet potato, roots .................. 0.05 

Tomato ...................................... 0.5 

Turnip, greens .......................... 7.0 

Turnip, roots ............................. 0.5 

Walnut ....................................... 0.2 

Watermelon .............................. 0.5 

(2) A tolerance of 0.05 ppm on raw 

agricultural food commodities (other 

than those food commodities already 

covered by a higher tolerance as a result 

of use on growing crops) is established 

for the combined residues of the 

insecticide esfenvalerate, (S)-cyano(3- 

phenoxyphenyl)methyl-(S)-4-chloro-a- 

(1-methylethyl)benzeneacetate, its nonracemic isomer, (R)-cyano(3- 

phenoxyphenyl)methyl-(R)-4-chloro-a- 

(1-methylethyl)benzeneacetate and its 

diastereomers (S)-cyano(3- 

phenoxyphenyl)methyl-(R)-4-chloro-a- 

(1-methylethyl)benzeneacetate and (R)- 

cyano(3-phenoxyphenyl)methyl-(S)-4- 

chloro-a-(1-methylethyl)benzeneacetate 

as a result of the use of esfenvalerate in 

food-handling establishments. 

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registration are established for the 

combined residues of the insecticide 

esfenvalerate, (S)-cyano(3- 

phenoxyphenyl)methyl-(S)-4-chloro-a- 

(1-methylethyl)benzeneacetate, its nonracemic isomer, (R)-cyano(3- 

phenoxyphenyl)methyl-(R)-4-chloro-a- 

(1-methylethyl)benzeneacetate and its 

diastereomers (S)-cyano(3- 

phenoxyphenyl)methyl-(R)-4-chloro-a- 

(1-methylethyl)benzeneacetate and (R)- 

cyano(3-phenoxyphenyl)methyl-(S)-4- 

chloro-a-(1-methylethyl)benzeneacetate, 

in or on food commodities as follows: 

Commodity Parts per 

million 

Cabbage, chinese, bok choy .... 1.0 

Kohlrabi ..................................... 2.0 

Lettuce, head ............................ 5.0 

* * * * * 

§ 180.626 [Amended] 

■ 14. Section 180.626 is amended by 

removing the entry for ‘‘peanut, hay’’ 

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

[FR Doc. E9–21895 Filed 9–10–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8091] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 


cprice-sewell on DSKGBLS3C1PROD with RULES