48408 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

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 8, 2009. 

Lois Rossi, 

Director, Registration Division, 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 180.495 is amended in 

paragraph (a) by revising the entries in 

the table for ‘‘Almond, hulls’’; ‘‘Nut, 

tree, group 14’’ and ‘‘Pistachio’’; and by 

alphabetically adding entries for ‘‘Date’’ 

and ‘‘Pomegranate’’ to the table to read 

as follows: 

180.495 Spinosad; tolerances for residues. 

(a) * * * 

Commodity Parts per million 

*** * *

Almond, hulls ........................................................................................................... 19 

*** * *

Date ......................................................................................................................... 0.10 

*** * *

Nut, tree, group 14 .................................................................................................. 0.10 

*** * *

Pistachio .................................................................................................................. 0.10

Pomegranate ........................................................................................................... 0.30 

*** * *

* * * * * 

[FR Doc. E9–22534 Filed 9–22–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0239; FRL–8438–9] 

Metolachlor, S-Metolachlor, Bifenazate, 

Buprofezin, and 2,4-D; Tolerance 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is modifying, 

establishing and revoking certain 

tolerances for the herbicides 

metolachlor and S-metolachlor and 

correcting the tolerance for guava (from 

guave) on bifenazate and buprofezin and 

2,4-D on cranberry. 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 23, 2009. Objections and 

requests for hearings must be received 

on or before November 23, 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–2009–0239. 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 either 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 

hours of operation of this Docket 

Facility are 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: Jane 

Smith, Pesticide Re-evaluation Division 

(7508P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0048; e-mail address: 

smith.jane-scott@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. 

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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 48409 

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 

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–2009–0239 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 23, 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–2009–0239, 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 (June 26, 

2009) (74 FR 30487) (FRL–8411–5), EPA 

issued a proposal to revoke, modify, and 

establish specific tolerances for residues 

of the herbicides metolachlor, Smetolachlor, 2,4-D; and the insecticides 

bifenazate and buprofezin. Also, the 

proposal of June 26, 2009, 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 metolachlor, 

S-metolahclor, 2,4-D, bifenazate, and 

buprofezin 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 

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. 

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 June 26, 2009 (74 FR 30487), 

EPA received no comments during the 

60–day public comment period. 

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 

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48410 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

the REDs and TREDs are available as 

provided in Unit II.A. 

EPA has issued a TRED for 

metolachlor, whose RED was completed 

prior to FQPA and made a safety finding 

which reassessed its tolerances 

according to FFDCA standard, 

maintaining them when new tolerances 

were established as noted in Unit II.A. 

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. 

C. When Do These Actions Become 

Effective? 

These actions become effective on the 

date of publication of this final rule in 

the Federal Register. For this final rule, 

the tolerances that were revoked 

because registered uses did not exist 

concerned uses which have been 

canceled, in some cases, for many years. 

The Agency believes that existing stocks 

of pesticide products labeled for the 

uses associated with the tolerances 

revoked herein have been completely 

exhausted and that treated commodities 

have had sufficient time for passage 

through the channels of trade. 

Any commodities listed in the 

regulatory text of this document that are 

treated with the pesticides subject to 

this final rule, and that are in the 

channels of trade following the 

tolerance revocations, shall be subject to 

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

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA. 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

III. 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 final 

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 (e.g., establishment and 

modification of a tolerance and 

tolerance revocation for which 

extraordinary circumstances do not 

exist) from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866 due to its lack of 

significance, this final 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 104–113, 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 

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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 48411 

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 final rule, the Agency 

hereby certifies that this final rule will 

not have a significant negative economic 

impact on a substantial number of small 

entities. In a memorandum dated May 

25, 2001, EPA determined that eight 

conditions must all be satisfied in order 

for an import tolerance or tolerance 

exemption revocation to adversely affect 

a significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 

any particular revocation. (This Agency 

document is available in the docket of 

this final rule). Furthermore, for the 

pesticide named in this final rule, the 

Agency knows of no extraordinary 

circumstances that exist as to the 

present action 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 final 

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 

final 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 final 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 final 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 16, 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 180.142 is amended by 

adding alphabetically the following 

commodity to the table in paragraph (a) 

to read as follows: 

§ 180.142 2,4-D; tolerances for residues. 

(a) General. * * * 

Commodity Parts per 

million 

* * * * * 

Cranberry .................................. 0.5 

* * * * * 

* * * * * 

■ 3. Section 180.368 is amended by 

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

(a)(2), (d)(1) and (d)(2) to read as 

follows: 

§ 180.368 Metolachlor; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

Almond, hulls ............................ 0.30 

Animal feed, nongrass, group 

18 .......................................... 1.0 

Cattle, fat .................................. 0.02 

Cattle, kidney ............................ 0.20 

Cattle, liver ................................ 0.05 

Cattle, meat .............................. 0.02 

Cattle, meat byproducts, except 

kidney and liver ..................... 0.04 

Corn, field, forage ..................... 6.0 

Corn, field, grain ....................... 0.10 

Corn, field, stover ..................... 6.0 

Corn, sweet, forage .................. 6.0 

Corn, sweet, kernel plus cob 

with husks removed .............. 0.10 

Corn, sweet, stover .................. 6.0 

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

Cotton, undelinted seed ........... 0.10 

Dillweed .................................... 0.50 

Egg ........................................... 0.02 

Goat, fat .................................... 0.02 

Goat, kidney ............................. 0.20 

Goat, liver ................................. 0.05 

Goat, meat ................................ 0.02 

Goat, meat byproducts, except 

kidney and liver ..................... 0.04 

Grass, forage ............................ 10 

Grass, hay ................................ 0.20 

Horse, fat .................................. 0.02 

Horse, kidney ............................ 0.20 

Horse, liver ............................... 0.05 

Horse, meat .............................. 0.02 

Horse, meat byproducts, except 

kidney and liver ..................... 0.04 

Milk ........................................... 0.02 

Nut, tree, group 14 ................... 0.10 

Okra .......................................... 0.50 

Peanut ...................................... 0.20 

Peanut, hay .............................. 20 

Peanut, meal ............................ 0.40 

Potato ....................................... 0.20 

Poultry, fat ................................ 0.02 

Poultry, meat ............................ 0.02 

Poultry, meat byproducts .......... 0.05 

Safflower, seed ......................... 0.10 

Sheep, fat ................................. 0.02 

Sheep, kidney ........................... 0.20 

Sheep, liver ............................... 0.05 

Sheep, meat ............................. 0.02 

Sheep, meat byproducts, except kidney and liver ............. 0.04 

Sorghum, grain, forage ............. 1.0 

Sorghum, grain, grain ............... 0.30 

Sorghum, grain, stover ............. 4.0 

Soybean, forage ....................... 5.0 

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48412 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

Commodity Parts per 

million 

Soybean, hay ............................ 8.0 

Soybean, seed .......................... 0.20 

Tomato ...................................... 0.10 

Vegetable, foliage of legume, 

subgroup 7A, except soybean ...................................... 15.0 

Vegetable, legume, group 6 ..... 0.30 

(2) * * * 

Commodity Parts per 

million 

Asparagus ................................. 0.10 

Beet, sugar, molasses .............. 2.0 

Beet, sugar, roots ..................... 0.5 

Beet, sugar, tops ...................... 15.0 

Brassica, head and stem, subgroup 5A ............................... 0.60 

Cattle, fat .................................. 0.02 

Cattle, kidney ............................ 0.20 

Cattle, liver ................................ 0.05 

Cattle, meat .............................. 0.02 

Cattle, meat byproducts, except 

kidney and liver ..................... 0.04 

Corn, field, grain ....................... 0.10 

Corn, field, forage ..................... 6.0 

Corn, field, stover ..................... 6.0 

Corn, pop, grain ........................ 0.10 

Corn, pop, stover ...................... 6.0 

Corn, sweet, forage .................. 6.0 

Corn, sweet, kernel plus cob 

with husks removed .............. 0.10 

Corn, sweet, stover .................. 6.0 

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

Cotton, undelinted seed ........... 0.10 

Egg ........................................... 0.02 

Garlic, bulb ............................... 0.10 

Grain, aspirated fractions ......... 0.70 

Goat, fat .................................... 0.02 

Goat, kidney ............................. 0.20 

Goat, liver ................................. 0.05 

Goat, meat ................................ 0.02 

Goat, meat byproducts, except 

kidney and liver ..................... 0.04 

Grass, forage ............................ 10.0 

Grass, hay ................................ 0.20 

Horse, fat .................................. 0.02 

Horse, kidney ............................ 0.20 

Horse, liver ............................... 0.05 

Horse, meat .............................. 0.02 

Horse, meat byproducts, except 

kidney and liver ..................... 0.04 

Leaf petioles, subgroup 4B ...... 0.10 

Milk ........................................... 0.02 

Onion, bulb ............................... 0.10 

Onion, green ............................. 2.0 

Peanut ...................................... 0.20 

Peanut, hay .............................. 20.0 

Peanut, meal ............................ 0.40 

Poultry, fat ................................ 0.02 

Poultry, meat ............................ 0.02 

Poultry, meat byproducts .......... 0.05 

Pumpkin .................................... 0.10 

Safflower, seed ......................... 0.10 

Shallot, bulb .............................. 0.10 

Sheep, fat ................................. 0.02 

Sheep, kidney ........................... 0.20 

Sheep, liver ............................... 0.05 

Sheep, meat ............................. 0.02 

Sheep, meat byproducts, except kidney and liver ............. 0.04 

Sorghum, grain, forage ............. 1.0 

Commodity Parts per 

million 

Sorghum, grain, grain ............... 0.3 

Sorghum, grain, stover ............. 4.0 

Soybean, forage ....................... 5.0 

Soybean, hay ............................ 8.0 

Soybean, seed .......................... 0.20 

Spinach ..................................... 0.50 

Squash, winter .......................... 0.10 

Sunflower, seed ........................ 0.50 

Sunflower, meal ........................ 1.0 

Tomato, paste ........................... 0.30 

Vegetable, foliage of legume, 

except soybean, subgroup 

7A .......................................... 15.0 

Vegetable, fruiting, group 8, except tabasco pepper ............. 0.10 

Vegetable, legume, group 6 ..... 0.30 

Vegetable, root, except sugar 

beet, subgroup 1B ................ 0.30 

Vegetable, tuberous and corm, 

subgroup 1C ......................... 0.20 

* * * * * 

(d) Indirect or inadvertent residues. 

(1) * * * 

Commodity Parts per 

million 

Animal feed, nongrass, group 

18 .......................................... 1.0 

Barley, grain ............................. 0.10 

Barley, hay ................................ 0.80 

Barley, straw ............................. 0.80 

Buckwheat, grain ...................... 0.10 

Millet, forage ............................. 0.50 

Millet, grain ............................... 0.10 

Millet, hay ................................. 0.80 

Millet, straw ............................... 0.80 

Oat, forage ................................ 0.50 

Oat, grain .................................. 0.10 

Oat, hay .................................... 0.80 

Oat, straw ................................. 0.80 

Rice, grain ................................ 0.10 

Rye, forage ............................... 0.50 

Rye, grain ................................. 0.10 

Rye, straw ................................. 0.80 

Wheat, forage ........................... 0.50 

Wheat, grain ............................. 0.10 

Wheat, hay ............................... 0.80 

Wheat, straw ............................. 0.80 

(2) * * * 

Commodity Parts per 

million 

Animal feed, nongrass, group 

18 .......................................... 1.0 

Barley, grain ............................. 0.10 

Barley, hay ................................ 0.50 

Barley, straw ............................. 0.50 

Buckwheat, grain ...................... 0.10 

Millet, forage ............................. 0.50 

Millet, grain ............................... 0.10 

Millet, hay ................................. 0.50 

Millet, straw ............................... 0.50 

Oat, forage ................................ 0.50 

Oat, grain .................................. 0.10 

Oat, hay .................................... 0.50 

Oat, straw ................................. 0.50 

Rice, grain ................................ 0.10 

Rye, forage ............................... 0.50 

Rye, grain ................................. 0.10 

Commodity Parts per 

million 

Rye, straw ................................. 0.50 

Wheat, forage ........................... 0.50 

Wheat, grain ............................. 0.10 

Wheat, hay ............................... 0.50 

Wheat, straw ............................. 0.50 

* * * * * 

■ 4. Section 180.511 is amended by 

removing the entry for ‘‘Guave’’ and 

adding the following commodity to the 

table in paragraph (a) to read as follows: 

§ 180.511 Buprofezin; tolerances for 

residues. 

(a) General. * * * 

Commodity Parts per 

million 

* * * * * 

Guava ....................................... 0.3 

* * * * * 

* * * * * 

■ 5. Section 180.572 is amended by 

removing the entry for ‘‘Guave’’ and 

adding the following commodity to the 

table in paragraph (a) to read as follows: 

§ 180.572 Bifenazate; tolerances for 

residues. 

(a) General. * * * 

Commodity Parts per 

million 

* * * * * 

Guava ....................................... 0.9 

* * * * * 

* * * * * 

[FR Doc. E9–22919 Filed 9–22–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2008–0574, EPA–HQ– 

SFUND–2009–0071, EPA–HQ–SFUND–2009– 

0074, EPA–HQ–SFUND–2009–0075, EPA– 

HQ–SFUND–2009–0068, EPA–HQ–SFUND– 

2009–0069, EPA–HQ–SFUND–2008–0579, 

EPA–HQ–SFUND–2009–0072, EPA–HQ– 

SFUND–2009–0064, EPA–HQ–SFUND–2009– 

0073, EPA–HQ–SFUND–1997–0009; FRL– 

8961–3] 

RIN 2050–AD75 

National Priorities List, Final Rule No. 

47 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

mstockstill on DSKH9S0YB1PROD with RULES