Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 34937 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed 1997 annual 

average PM2.5 NAAQS data 

determination for the Louisville Area 

does not have Tribal implications as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), because 

the SIPs are not approved to apply in 

Indian country located in the states, and 

EPA notes that it will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 23, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

Dated: June 3, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2011–14812 Filed 6–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0369; FRL–8874–3] 

Amitraz, Bentazon, Bifenthrin, 

Chlorfenapyr, Cyfluthrin, Deltamethrin, 

et al.; Proposed Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In accordance with current 

Agency practice to describe more clearly 

the measurement and scope or coverage 

of tolerances, EPA is proposing minor 

revisions to tolerance expressions for a 

number of pesticide active ingredients, 

including the insecticides amitraz, 

bifenthrin, chlorfenapyr, cyfluthrin, 

deltamethrin, esfenvalerate, 

fenpropathrin, and pyridaben; the 

fungicide metalaxyl; the herbicides 

bentazon, quizalofop ethyl, sodium 

acifluorfen, and tebuthiuron; and the 

plant growth regulator ethephon. Also, 

EPA proposes to remove several expired 

tolerances for quizalofop ethyl. 

DATES: Comments must be received on 

or before August 15, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0369, 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. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2011– 

0369. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: 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., 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: 

Joseph Nevola, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; e-mail address: 

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

Unit II.A. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 


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listed under FOR FURTHER INFORMATION

CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the agency taking? 

In accordance with current Agency 

practice to describe more clearly the 

measurement and scope or coverage of 

tolerances, including applicable 

metabolites and degradates, EPA is 

proposing minor revisions to tolerance 

expressions for a number of pesticide 

active ingredients, including the 

insecticides amitraz, bifenthrin, 

chlorfenapyr, cyfluthrin, deltamethrin, 

esfenvalerate, fenpropathrin, and 

pyridaben; the fungicide metalaxyl; the 

herbicides bentazon, quizalofop ethyl, 

sodium acifluorfen, and tebuthiuron; 

and the plant growth regulator 

ethephon. The revisions will not 

substantively change the tolerance or, in 

any way, modify the permissible level of 

residues permitted by the tolerance. 

Also, EPA proposes to remove several 

expired tolerances for quizalofop ethyl. 

The amendments to the Federal Food, 

Drug, and Cosmetic Act (FFDCA) 

section 408 in the Food Quality 

Protection Act of 1996 clarified that a 

tolerance regulation for a pesticide 

chemical applies to that chemical as 

well as all metabolites and degradates of 

that chemical unless EPA specifies 

otherwise (21 U.S.C. 346a(a)(3)(C)). 

These amendments also specified how 

compliance with a tolerance level was 

to be determined when a metabolite or 

degradate of a pesticide chemical not 

specifically mentioned in the tolerance 

was found in a food (21 U.S.C. 

346a(a)(3)(B)). In light of these changes, 

EPA now generally follows an approach 

for drafting tolerance expressions that 

makes clear that the tolerance applies 

not only to the parent chemical but also 

to its metabolites and degradates and 

also specifies precisely what chemical 

moieties are to be measured in 

determining compliance with the 

tolerance levels included in the 

tolerance regulation. This approach 

ensures that there is no confusion 

regarding what chemical moieties are 

authorized in food by the tolerance or 

how compliance with the tolerance 

levels is to be determined. Under this 

approach, tolerance expressions would 

follow this general form: 

Tolerances are established for 

residues of the [ insecticide, herbicide, 

fungicide, as appropriate] [pesticide 

chemical name], including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only [the designated 

chemical moieties], in or on the 

commodity. 

This model has been followed for all 

of the pesticides named in this unit, and 

the actual language is set out in the 

proposed regulation text at the end of 

this document. The only additional 

changes proposed in this action are with 

regard to the pesticides bifenthrin, 

chlorfenapyr, cyfluthrin, and 

deltamethrin, and they are at the end of 

this document. 

Certain time-limited tolerances 

pertaining to the pesticide quizalofop 

ethyl in 40 CFR 180.441(a)(4) have 

expired, on June 14, 1999, due to 

previous EPA regulation setting 

expiration dates. Therefore, the Agency 

is proposing to remove the expired timelimited tolerances for quizalofop ethyl 

in 40 CFR 180.441(a)(4) on beet, sugar, 

molasses; beet, sugar, roots; beet, sugar, 

tops; vegetable, foliage of legume, 

except soybean, subgroup 7A; and 

vegetable, legume, group 6. This rule 

only corrects the Code of Federal 

Regulations to conform with the fact 

that the tolerances already expired, and 

therefore EPA is not accepting 

comments regarding the expiration 

itself. 

B. What is the agency’s authority for 

taking this action? 

A ‘‘tolerance’’ represents the 

maximum level for residues of pesticide 

chemicals legally allowed in or on raw 

agricultural commodities and processed 

foods. Section 408 of FFDCA, 21 U.S.C. 

346a, as amended by FQPA of 1996, 

Public Law 104–170, authorizes the 

establishment of tolerances, exemptions 

from tolerance requirements, 

modifications in tolerances, and 

revocation of tolerances for residues of 

pesticide chemicals in or on raw 

agricultural commodities and processed 

foods. Without a tolerance or 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under section 

402(a) of FFDCA, 21 U.S.C. 342(a). Such 

food may not be distributed in interstate 

commerce (21 U.S.C. 331(a)). For a fooduse pesticide to be sold and distributed, 

the pesticide must not only have 

appropriate tolerances under the 

FFDCA, but also must be registered 

under FIFRA (7 U.S.C. 136 et seq.). 

Food-use pesticides not registered in the 

United States must have tolerances in 

order for commodities treated with 

those pesticides to be imported into the 

United States. 

EPA’s general practice is to propose 

revocation of tolerances for residues of 

pesticide active ingredients on crops for 

which FIFRA registrations no longer 

exist and on which the pesticide may 

therefore no longer be used in the 

United States. EPA has historically been 

concerned that retention of tolerances 

that are not necessary to cover residues 

in or on legally treated foods may 

encourage misuse of pesticides within 

the United States. Nonetheless, EPA 

will establish and maintain tolerances 

even when corresponding domestic uses 

are canceled if the tolerances, which 

EPA refers to as ‘‘import tolerances,’’ are 

necessary to allow importation into the 

United States of food containing such 

pesticide residues. However, where 


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there are no imported commodities that 

require these import tolerances, the 

Agency believes it is appropriate to 

revoke tolerances for unregistered 

pesticides in order to prevent potential 

misuse. 

Furthermore, as a general matter, the 

Agency believes that retention of import 

tolerances not needed to cover any 

imported food may result in 

unnecessary restriction on trade of 

pesticides and foods. Under section 408 

of FFDCA, a tolerance may only be 

established or maintained if EPA 

determines that the tolerance is safe 

based on a number of factors, including 

an assessment of the aggregate exposure 

to the pesticide and an assessment of 

the cumulative effects of such pesticide 

and other substances that have a 

common mechanism of toxicity. In 

doing so, EPA must consider potential 

contributions to such exposure from all 

tolerances. If the cumulative risk is such 

that the tolerances in aggregate are not 

safe, then every one of these tolerances 

is potentially vulnerable to revocation. 

Furthermore, if unneeded tolerances are 

included in the aggregate and 

cumulative risk assessments, the 

estimated exposure to the pesticide 

would be inflated. Consequently, it may 

be more difficult for others to obtain 

needed tolerances or to register needed 

new uses. To avoid potential trade 

restrictions, the Agency is proposing to 

revoke tolerances for residues on crops 

uses for which FIFRA registrations no 

longer exist, unless someone expresses 

a need for such tolerances. Through this 

proposed rule, the Agency is inviting 

individuals who need these import 

tolerances to identify themselves and 

the tolerances that are needed to cover 

imported commodities. 

Parties interested in retention of the 

tolerances should be aware that 

additional data may be needed to 

support retention. These parties should 

be aware that, under FFDCA section 

408(f), if the Agency determines that 

additional information is reasonably 

required to support the continuation of 

a tolerance, EPA may require that 

parties interested in maintaining the 

tolerances provide the necessary 

information. If the requisite information 

is not submitted, EPA may issue an 

order revoking the tolerance at issue. 

C. When do these actions become 

effective? 

EPA is proposing that revision of 

specific tolerance expressions and 

removal of expired tolerances for 

quizalofop ethyl proposed herein 

become effective on the date of 

publication of the final rule in the 

Federal Register. If you have comments, 

please submit comments as described 

under SUPPLEMENTARY INFORMATION. 

Any commodities listed in this 

proposal treated with the pesticides 

subject to this proposal, and in the 

channels of trade following the 

tolerance revocations, shall be subject to 

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

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA, and 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates when the 

pesticide was applied to such food. 

III. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/ 

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standards-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established a MRL 

for chlorfenapyr, pyridaben, quizalofop 

ethyl, sodium acifluorfen, and 

tebuthiuron. 

The Codex has established MRLs for 

amitraz in or on various commodities 

including edible offal of pigs at 0.2 

milligram/kilograms (mg/kg). The MRL 

is different than the tolerance 

established for amitraz in the United 

States because of differences in residue 

definition, use patterns, and/or good 

agricultural practices. 

The Codex has established MRLs for 

bentazon in or on various commodities 

including maize at 0.2 mg/kg, milk at 

0.05 mg/kg, rice at 0.1 mg/kg, and 

sorghum at 0.1 mg/kg. These MRLs are 

different than the tolerance established 

for bentazon in the United States 

because of differences in animal 

commodity residue definition, plant use 

patterns, and/or good agricultural 

practices. 

The Codex has established MRLs for 

bifenthrin in or on various commodities 

including cattle fat at 0.5 mg/kg; cattle 

kidney and cattle liver at 0.05 mg/kg; 

cattle milk at 0.05 mg/kg; chicken eggs 

at 0.01 mg/kg; maize fodder at 0.2 mg/ 

kg; and strawberry at 1 mg/kg. These 

MRLs are different than the tolerances 

established for bifenthrin in the United 

States (where these commodity 

tolerances are higher than the 

corresponding Codex MRLs) because of 

differences in use patterns and/or good 

agricultural practices. 

The Codex has established MRLs for 

cyfluthrin (sum of isomers) and betacyfluthrin (cyfluthrin sum of isomers) in 

or on various commodities including 

citrus fruits at 0.3 mg/kg, citrus pulp 

(dry) at 2 mg/kg, liver of pigs at 0.05 mg/ 

kg, meat (from mammals other than 

marine mammals) at 1 mg/kg, fat of 

meat at 1 mg/kg, and chili peppers (dry) 

at 1 mg/kg. These MRLs are different 

than the tolerances established for 

cyfluthrin and beta-cyfluthrin in the 

United States because of differences in 

use patterns and/or good agricultural 

practices. 

The Codex has established MRLs for 

deltamethrin in or on various 

commodities including fat from 

mammals other than marine mammals 

at 0.5 mg/kg, poultry fat at 0.1 mg/kg, 

and tomato at 0.3 mg/kg. These MRLs 

are different than the tolerances 

established for deltamethrin in the 

United States because of differences in 

use patterns and/or good agricultural 

practices. 

The Codex has established MRLs for 

esfenvalerate in or on various 

commodities including egg, poultry fat, 

poultry meat, and edible offal of poultry 

at 0.01 mg/kg. These MRLs are different 

than the tolerances established for 

esfenvalerate in the United States 

(where these animal commodity 

tolerances are higher than the 

corresponding Codex MRLs) because of 

differences in use patterns and/or good 

agricultural practices. 

The Codex has established MRLs for 

ethephon in or on various commodities 

including meat of cattle, goats, horses, 

pigs, and sheep at 0.1 mg/kg, milk of 

cattle, goats, and sheep at 0.05 mg/kg, 

poultry meat at 0.1 mg/kg, edible offal 

of poultry at 0.2 mg/kg, and chicken 

eggs at 0.2 mg/kg. These MRLs are 

different than the tolerances established 

for ethephon in the United States 

because of differences in use patterns 

and/or good agricultural practices. 


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The Codex has established MRLs for 

fenpropathrin in or on various 

commodities including cattle meat at 

0.5 mg/kg. The MRL is different than the 

tolerance established for fenpropathrin 

in the United States because of 

differences in use patterns and/or good 

agricultural practices. 

The Codex has established MRLs for 

metalaxyl in or on various commodities 

including citrus fruits at 5 mg/kg, dry 

chili peppers at 10 mg/kg, and pome 

fruits at 1 mg/kg. These MRLs are 

different than the tolerances established 

for metalaxyl in the United States 

because of differences in use patterns 

and/or good agricultural practices. 

IV. Statutory and Executive Order 

Reviews 

In this proposed rule, EPA is 

proposing to revise specific tolerance 

expressions to describe more clearly the 

measurement and scope or coverage of 

the tolerances and remove expired 

tolerances for quizalofop ethyl. The 

Office of Management and Budget 

(OMB) has exempted these types of 

actions (e.g., tolerance actions for which 

extraordinary circumstances do not 

exist) from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this proposed 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this proposed rule 

is not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This proposed rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

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

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

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 

17, 1997 (62 FR 66020) (FRL–5753–1), 

respectively, and were provided to the 

Chief Counsel for Advocacy of the Small 

Business Administration. Taking into 

account this analysis, and available 

information concerning the pesticides 

listed in this proposed rule, the Agency 

hereby certifies that this proposed rule 

will not have a significant negative 

economic impact on a substantial 

number of small entities. In a 

memorandum dated May 25, 2001, EPA 

determined that eight conditions must 

all be satisfied in order for an import 

tolerance or tolerance exemption 

revocation to adversely affect a 

significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 

any particular revocation. (This Agency 

document is available in the docket of 

this proposed rule). Furthermore, for the 

pesticide named in this proposed rule, 

the Agency knows of no extraordinary 

circumstances that exist as to the 

present proposal that would change the 

EPA’s previous analysis. Any comments 

about the Agency’s determination 

should be submitted to the EPA along 

with comments on the proposal, and 

will be addressed prior to issuing a final 

rule. 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 proposed 

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 

proposed rule does not have any ‘‘Tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). Executive Order 13175 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by Tribal officials in the 

development of regulatory policies that 

have Tribal implications.’’ ‘‘Policies that 

have Tribal implications’’ is defined in 

the Executive order to include 

regulations that have ‘‘substantial direct 

effects on one or more Indian Tribes, on 

the relationship between the Federal 

Government and the Indian Tribes, or 

on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes.’’ This 

proposed rule will not have substantial 

direct effects on Tribal governments, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 6, 2011. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

1. The authority citation for part 180 

continues to read as follows: 

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

2. In § 180.287 revise the introductory 

text in paragraph (a) to read as follows: 

§ 180.287 Amitraz; tolerances for residues. 

(a) General. Tolerances are 

established for residues of the 


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insecticide amitraz, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only those amitraz, N ′-[2,4- 

dimethylphenyl]-N-[[(2,4- 

dimethylphenyl)imino]methyl]-Nmethylmethanimidamide, residues 

convertible to 2,4-dimethylaniline, 

expressed as the stoichiometric 

equivalent of amitraz, in or on the 

commodity. 

* * * * * 

3. Section 180.300 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise paragraph (c). 

The revised text reads as follows: 

§ 180.300 Ethephon; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the plant 

growth regulator ethephon, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only ethephon, (P)-(2- 

chloroethyl)phosphonic acid, in or on 

the commodity. 

* * * * * 

(c) Tolerances with regional 

registrations. A tolerance with regional 

registration, as defined in § 180.1(l), of 

0.1 parts per million is established for 

residues of the plant growth regulator 

ethephon, including its metabolites and 

degradates, in or on the commodity 

sugarcane. Compliance with the 

tolerance level specified in this 

paragraph is to be determined by 

measuring only ethephon, (P)-(2- 

chloroethyl)phosphonic acid, in or on 

the commodity. 

* * * * * 

4. Section 180.355 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise the introductory text in 

paragraph (a)(2); 

iii. Revise the introductory text in 

paragraph (c). 

The revised text reads as follows: 

§ 180.355 Bentazon; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the herbicide 

bentazon, including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only the sum of bentazon, 

3-(1-methylethyl)-1H-2,1,3- 

benzothiadiazin-4(3H)-one 2,2-dioxide, 

and its metabolites, 6-hydroxy bentazon 

and 8-hydroxy bentazon, calculated as 

the stoichiometric equivalent of 

bentazon, in or on the commodity. 

* * * * * 

(2) Tolerances are established for 

residues of the herbicide bentazon, 

including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only the sum of bentazon, 

3-(1-methylethyl)-1H-2,1,3- 

benzothiadiazin-4(3H)-one 2,2-dioxide, 

and its metabolite 2-amino-N-isopropyl 

benzamide (AIBA), calculated as the 

stoichiometric equivalent of bentazon, 

in or on the commodity. 

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registration, as defined in § 180.1(l), are 

established for residues of the herbicide 

bentazon, including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only the sum of bentazon, 

3-(1-methylethyl)-1H-2,1,3- 

benzothiadiazin-4(3H)-one 2,2-dioxide, 

and its metabolites, 6-hydroxy bentazon 

and 8-hydroxy bentazon, calculated as 

the stoichiometric equivalent of 

bentazon, in or on the commodity. 

* * * * * 

5. In § 180.383 revise the introductory 

text in paragraph (a) to read as follows: 

§ 180.383 Sodium salt of acifluorfen; 

tolerances for residues. 

(a) General. Tolerances are 

established for residues of the herbicide 

sodium acifluorfen, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only the sum of acifluorfen 

acid, 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2- 

nitrobenzoic acid, acifluorfen methyl, 

methyl 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2- 

nitrobenzoate, acifluorfen amine, 5-[2- 

chloro-4-(trifluoromethyl)phenoxy]-2- 

aminobenzoic acid, and acifluorfen 

amine methyl ester, methyl 5-[2-chloro4-(trifluoromethyl)phenoxy]-2- 

aminobenzoate, calculated as the 

stoichiometric equivalent of acifluorfen 

acid, in or on the commodity. 

* * * * * 

6. Section 180.390 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise the introductory text in 

paragraph (a)(2); 

iii. Revise the introductory text in 

paragraph (a)(3). 

The revised text reads as follows: 

§ 180.390 Tebuthiuron; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the herbicide 

tebuthiuron, including its metabolites 

and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only the sum of tebuthiuron, 

N-[5-(1,1-dimethylethyl)-1,3,4- 

thiadiazol-2-yl]-N,N ′-dimethylurea, and 

its metabolites N-[5-(2-hydroxy-1,1- 

dimethylethyl)-1,3,4-thiadiazol-2-yl]- 

N,N ′-dimethylurea, N-[5-(1,1- 

dimethylethyl)-1,3,4-thiadiazol-2-yl]-Nmethylurea, and N-[5-(1,1- 

dimethylethyl)-1,3,4-thiadiazol-2-yl]-N ′- 

hydroxymethyl-N-methylurea, 

calculated as the stoichiometric 

equivalent of tebuthiuron, in or on the 

commodity. 

* * * * * 

(2) Tolerances are established for 

residues of the herbicide tebuthiuron, 

including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only the sum of tebuthiuron, 

N-[5-(1,1-dimethylethyl)-1,3,4- 

thiadiazol-2-yl]-N,N ′-dimethylurea, and 

its metabolites N-[5-(1,1-dimethylethyl)- 

1,3,4-thiadiazol-2-yl]-N-methylurea, N- 

[5-(1,1-dimethylethyl)-1,3,4-thiadiazol2-yl]urea, 2-dimethylethyl-5-amino1,3,4-thiadiazole, and N-[5-(1,1- 

dimethylethyl)-1,3,4-thiadiazol-2-yl]-N ′- 

hydroxymethyl-N-methylurea, 

calculated as the stoichiometric 

equivalent of tebuthiuron, in or on the 

commodity. 

* * * * * 

(3) A tolerance is established for 

residues of the herbicide tebuthiuron, 

including its metabolites and 

degradates, in or on the commodity in 

the table in this paragraph. Compliance 

with the tolerance level specified in this 

paragraph is to be determined by 

measuring only the sum of tebuthiuron, 

N-[5-(1,1-dimethylethyl)-1,3,4- 

thiadiazol-2-yl]-N,N ′-dimethylurea, and 

its metabolites N-[5-(1,1-dimethylethyl)- 

1,3,4-thiadiazol-2-yl]-N-methylurea, N- 

[5-(2-hydroxy-1,1-dimethylethyl)-1,3,4- 

thiadiazol-2-yl]-N-methylurea, N-[5-(1,1- 


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dimethylethyl)-1,3,4-thiadiazol-2- 

yl]urea, N-[5-(1,1-dimethylethyl)-1,3,4- 

thiadiazol-2-yl]-N ′-hydroxymethyl-Nmethylurea, and N-[5-(2-hydroxy-1,1- 

dimethylethyl)-1,3,4-thiadiazol-2-yl]-N ′- 

hydroxymethyl-N-methylurea, 

calculated as the stoichiometric 

equivalent of tebuthiuron, in milk. 

* * * * * 

7. Section 180.408 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise the introductory text in 

paragraph (c); 

iii. Revise the introductory text in 

paragraph (d). 

The revised text reads as follows: 

§ 180.408 Metalaxyl; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

metalaxyl, including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only metalaxyl, methyl N- 

(2,6-dimethylphenyl)-N- 

(methoxyacetyl)-DL-alaninate, in or on 

the commodity. 

* * * * * 

(c) Tolerances with regional 

registrations. A tolerance with a regional 

registration, as defined in § 180.1(l), is 

established for residues of the fungicide 

metalaxyl, including its metabolites and 

degradates, in or on the commodity in 

the table in this paragraph. Compliance 

with the tolerance level specified in this 

paragraph is to be determined by 

measuring only metalaxyl, methyl N- 

(2,6-dimethylphenyl)-N- 

(methoxyacetyl)-DL-alaninate, in or on 

the commodity. 

* * * * * 

(d) Indirect or inadvertent tolerances. 

Tolerances are established for indirect 

or inadvertent residues of the fungicide 

metalaxyl, including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph when present 

therein as a result of the application of 

metalaxyl to growing crops listed in 

paragraph (a) of this section and other 

non-food crops. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only metalaxyl, methyl N- 

(2,6-dimethylphenyl)-N- 

(methoxyacetyl)-DL-alaninate, in or on 

the commodity. 

* * * * * 

8. Section 180.435 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise paragraph (a)(2). 

The revised text reads as follows: 

§ 180.435 Deltamethrin; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

insecticide deltamethrin, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only the sum of 

deltamethrin, (S)-cyano(3- 

phenoxyphenyl)methyl (1R,3R)-3-(2,2- 

dibromoethenyl)-2,2- 

dimethylcyclopropanecarboxylate, and 

its major metabolites, trans 

deltamethrin, (S)-alpha-cyano-mphenoxybenzyl (1R,3S)-3-(2,2- 

dibromovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

alpha-R-deltamethrin, (R)-alpha-cyanom-phenoxybenzyl (1R,3R)-3-(2,2- 

dibromovinyl)-2,2- 

dimethylcyclopropanecarboxylate, 

calculated as the stoichiometric 

equivalent of deltamethrin, in or on the 

commodity. 

* * * * * 

(2) A tolerance of 0.05 parts per 

million is established for residues of the 

insecticide deltamethrin, including its 

metabolites and degradates, in or on all 

food/feed commodities (other than those 

covered by a higher tolerance as a result 

of use on growing crops) when present 

from application of deltamethrin in 

food/feed handling establishments 

(including food service, manufacturing 

and processing establishments, such as 

restaurants, cafeterias, supermarkets, 

bakeries, breweries, dairies, meat 

slaughtering and packing plants, and 

canneries, feed handling establishments 

including feed manufacturing and 

processing establishments), in 

accordance with the following 

conditions: Application shall be limited 

to general surface and spot and/or crack 

and crevice treatment in food/feed 

handling establishments where food/ 

feed and food/feed products are held, 

processed, prepared, and served; general 

surface application may be used only 

when the facility is not in operation, 

provided exposed food/feed has been 

covered or removed from the area being 

treated; spot and/or crack and crevice 

application may be used while the 

facility is in operation provided exposed 

food/feed is covered or removed from 

the area being treated prior to 

application; spray concentration shall 

be limited to a maximum of 0.06 percent 

active ingredient; and contamination of 

food/feed or food/feed contact surfaces 

shall be avoided. Compliance with the 

tolerance level specified in this 

paragraph is to be determined by 

measuring only the sum of 

deltamethrin, (S)-cyano(3- 

phenoxyphenyl)methyl (1R,3R)-3-(2,2- 

dibromoethenyl)-2,2- 

dimethylcyclopropanecarboxylate, and 

its major metabolites, trans 

deltamethrin, (S)-alpha-cyano-mphenoxybenzyl (1R,3S)-3-(2,2- 

dibromovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

alpha-R-deltamethrin, (R)-alpha-cyanom-phenoxybenzyl (1R,3R)-3-(2,2- 

dibromovinyl)-2,2- 

dimethylcyclopropanecarboxylate, 

calculated as the stoichiometric 

equivalent of deltamethrin, in or on the 

commodity. 

* * * * * 

9. Section 180.436 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise paragraph (a)(2); 

iii. Revise paragraph (a)(3); 

iv. Revise the introductory text in 

paragraph (a)(4). 

The revised text reads as follows: 

§ 180.436 Cyfluthrin and the isomer betacyfluthrin; tolerances for residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

insecticide cyfluthrin, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only cyfluthrin, cyano(4- 

fluoro-3-phenoxyphenyl)methyl 3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the commodity. 

* * * * * 

(2) A tolerance of 0.05 parts per 

million is established for residues of the 

insecticide cyfluthrin, including its 

metabolites and degradates, in or on 

food commodities exposed to the 

insecticide during treatment of foodhandling establishments where food and 

food products are held, processed, 

prepared, or served, where treatments 

may be made by general surface, spot, 

and/or crack and crevice applications, 

in accordance with the following 

conditions: General surface treatments 

shall be limited to a maximum of 3.8 

grams of active ingredient per 1,000 

square feet, applying to walls, floors, 

and ceilings with a low-pressure system; 

all food processing and/or handling 

equipment has been covered or removed 

during application; application excludes 

any direct application to food products; 

reapplications may be made at 10-day 

intervals. Crack and crevice or spot 


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treatments shall be limited to a 

maximum of 0.1 percent of the active 

ingredient by weight, applied with a 

low-pressure system with a pinpoint or 

variable-pattern nozzle. Dust 

formulation shall be limited to a 

maximum of 0.1 percent of the active 

ingredient by weight, applied using a 

hand duster, powder duster, or other 

equipment capable of applying dust 

insecticide directly into voids and 

cracks and crevices. Dust applications 

should be made in a manner to avoid 

deposits on exposed surfaces or 

introducing the material into the air. 

Application may be made provided 

exposed food has been covered or 

removed from premises and excludes 

any direct application to food. 

Reapplications may be made at 10-day 

intervals. Compliance with the tolerance 

level specified in this paragraph is to be 

determined by measuring only 

cyfluthrin, cyano(4-fluoro-3- 

phenoxyphenyl)methyl 3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the commodity. 

(3) A tolerance of 0.05 parts per 

million is established for residues of the 

insecticide cyfluthrin, including its 

metabolites and degradates, in or on 

feed commodities exposed to the 

insecticide during treatment of feedhandling establishments where feed and 

feed products are held, processed, 

prepared, or served, where treatments 

may be made by general surface, spot, 

and/or crack and crevice applications, 

in accordance with the following 

conditions: General surface treatments 

shall be limited to a maximum of 3.8 

grams of active ingredient per 1,000 

square feet, applying to walls, floors, 

and ceilings with a low-pressure system; 

all feed processing and/or handling 

equipment has been covered or removed 

during application; application excludes 

any direct application to feed products; 

reapplications may be made at 10-day 

intervals. Crack and crevice or spot 

treatments shall be limited to a 

maximum of 0.1 percent of the active 

ingredient by weight, applied with a 

low-pressure system with a pinpoint or 

variable-pattern nozzle. Dust 

formulation shall be limited to a 

maximum of 0.1 percent of the active 

ingredient by weight, applied using a 

hand duster, powder duster, or other 

equipment capable of applying dust 

insecticide directly into voids and 

cracks and crevices. Dust applications 

should be made in a manner to avoid 

deposits on exposed surfaces or 

introducing the material into the air. 

Application may be made provided 

exposed feed has been covered or 

removed from premises and excludes 

any direct application to feed. 

Reapplications may be made at 10-day 

intervals. Compliance with the tolerance 

level specified in this paragraph is to be 

determined by measuring only 

cyfluthrin, cyano(4-fluoro-3- 

phenoxyphenyl)methyl 3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the commodity. 

(4) Tolerances are established for 

residues of the insecticide betacyfluthrin, including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only beta-cyfluthrin, 

cyano(4-fluoro-3- 

phenoxyphenyl)methyl 3-(2,2- 

dichloroethenyl)-2,2- 

dimethylcyclopropanecarboxylate 

[mixture comprising the enantiomeric 

pair (R)-a-cyano-4-fluoro-3- 

phenoxybenzyl (1S,3S)-3-(2,2- 

dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

(S)-a-cyano-4-fluoro-3-phenoxybenzyl 

(1R,3R)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate with 

the enantiomeric pair (R)-a-cyano-4- 

fluoro-3-phenoxybenzyl (1S,3R)-3-(2,2- 

dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate and 

(S)-a-cyano-4-fluoro-3-phenoxybenzyl 

(1R,3S)-3-(2,2-dichlorovinyl)-2,2- 

dimethylcyclopropanecarboxylate], in 

or on the commodity. 

* * * * * 

10. Section 180.441 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise the introductory text in 

paragraph (a)(2); 

iii. Revise the introductory text in 

paragraph (a)(3); 

iv. Remove paragraph (a)(4); 

v. Revise the introductory text in 

paragraph (c). 

The revised text reads as follows: 

§ 180.441 Quizalofop ethyl; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

herbicides quizalofop and quizalofop 

ethyl, including their metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only the sum of quizalofop, 

2-[4-[(6-chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoic 

acid, and quizalofop ethyl, ethyl 2-[4- 

[(6-chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoate, 

calculated as the stoichiometric 

equivalent of quizalofop ethyl, in or on 

the commodity. 

* * * * * 

(2) Tolerances are established for 

residues of the herbicides quizalofop, 

quizalofop ethyl, and quizalofop 

methyl, including their metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only the sum of quizalofop, 

2-[4-[(6-chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoic 

acid, quizalofop ethyl, ethyl 2-[4-[(6- 

chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoate, 

and quizalofop methyl, methyl 2-[4-[(6- 

chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoate, 

calculated as the stoichiometric 

equivalent of quizalofop ethyl, in or on 

the commodity. 

* * * * * 

(3) Tolerances are established for 

residues of the herbicide quizalofop-pethyl ester, its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph. Compliance 

with the tolerance levels specified in 

this paragraph is to be determined by 

measuring only the sum of quizalofopp-ethyl ester, ethyl (2R)-2-[4-[(6-chloro2- 

quinoxalinyl)oxy]phenoxy]propanoate, 

its acid metabolite quizalofop-p, (2R)-2- 

[4-[(6-chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoic 

acid, and the S-enantiomers of both the 

ester and the acid, calculated as the 

stoichiometric equivalent of quizalofopp-ethyl ester, in or on the commodity. 

* * * * * 

(c) Tolerances with regional 

registrations. A tolerance with a regional 

registration, as defined in § 180.1(l), is 

established for residues of the herbicide 

quizalofop-p-ethyl ester, its metabolites 

and degradates, in or on the commodity 

in the table in this paragraph. 

Compliance with the tolerance level 

specified in this paragraph is to be 

determined by measuring only the sum 

of quizalofop-p-ethyl ester, ethyl (2R)-2- 

[4-[(6-chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoate, 

its acid metabolite quizalofop-p, (2R)-2- 

[4-[(6-chloro-2- 

quinoxalinyl)oxy]phenoxy]propanoic 

acid, and the S-enantiomers of both the 

ester and the acid, calculated as the 

stoichiometric equivalent of quizalofopp-ethyl ester, in or on the commodity. 

* * * * * 

11. Section 180.442 is amended as 

follows: 


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i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise paragraph (a)(2); 

iii. Revise the introductory text in 

paragraph (b). 

The revised text reads as follows: 

§ 180.442 Bifenthrin; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

insecticide bifenthrin, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only bifenthrin, (2- 

methyl[1,1′-biphenyl]-3-yl)methyl 

(1R,3R)-rel-3-[(1Z)-2-chloro-3,3,3- 

trifluoro-1-propenyl]-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the commodity. 

* * * * * 

(2) A tolerance of 0.05 parts per 

million is established for residues of the 

insecticide bifenthrin, including its 

metabolites and degradates, in or on all 

food/feed commodities (other than those 

covered by a higher tolerance as a result 

of use on growing crops) when present 

from application of bifenthrin in food/ 

feed handling establishments (including 

food service, manufacturing and 

processing establishments, such as 

restaurants, cafeterias, supermarkets, 

bakeries, breweries, dairies, meat 

slaughtering and packing plants, and 

canneries, feed handling establishments 

including feed manufacturing and 

processing establishments), in 

accordance with the following 

conditions: Application shall be limited 

to general surface and spot and/or crack 

and crevice treatment in food/feed 

handling establishments where food/ 

feed and food/feed products are held, 

processed, prepared, and served; general 

surface application may be used only 

when the facility is not in operation, 

provided exposed food/feed has been 

covered or removed from the area being 

treated; spot and/or crack and crevice 

application may be used while the 

facility is in operation provided exposed 

food/feed is covered or removed from 

the area being treated prior to 

application; spray concentration shall 

be limited to a maximum of 0.06 percent 

active ingredient; and contamination of 

food/feed or food/feed contact surfaces 

shall be avoided. Compliance with the 

tolerance level specified in this 

paragraph is to be determined by 

measuring only bifenthrin, (2- 

methyl[1,1′-biphenyl]-3-yl)methyl 

(1R,3R)-rel-3-[(1Z)-2-chloro-3,3,3- 

trifluoro-1-propenyl]-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the commodity. 

(b) Section 18 emergency exemptions. 

Time-limited tolerances are established 

for residues of the insecticide 

bifenthrin, including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph in connection 

with use of the pesticide under a 

Section 18 emergency exemption 

granted by EPA. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only bifenthrin, (2- 

methyl[1,1′-biphenyl]-3-yl)methyl 

(1R,3R)-rel-3-[(1Z)-2-chloro-3,3,3- 

trifluoro-1-propenyl]-2,2- 

dimethylcyclopropanecarboxylate, in or 

on the commodity. The tolerances will 

expire and are revoked on the date 

specified in the following table. 

* * * * * 

12. Section 180.466 is amended by 

revising the introductory text in 

paragraph (a) to read as follows: 

§ 180.466 Fenpropathrin; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide fenpropathrin, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only fenpropathrin, cyano(3- 

phenoxyphenyl)methyl 2,2,3,3- 

tetramethylcyclopropanecarboxylate, in 

or on the commodity. 

* * * * * 

13. Section 180.494 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise the introductory text in 

paragraph (c). 

The revised text read as follows: 

§ 180.494 Pyridaben; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide pyridaben, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only pyridaben, 4-chloro-2- 

(1,1-dimethylethyl)-5-[[[4-(1,1- 

dimethylethyl)phenyl]methyl]thio]- 

3(2H)-pyridazinone, in or on the plant 

commodity, and only the sum of 

pyridaben and its metabolites 2-tertbutyl-5-[4-(1-carboxy-1- 

methylethyl)benzylthio]-4- 

chloropyridazin-3(2H)-one and 2-tertbutyl-5-[4-(1,1-dimethyl-2- 

hydroxyethyl)benzylthio]-4- 

chloropyridazin-3(2H)-one, calculated 

as the stoichiometric equivalent of 

pyridaben, in or on the animal 

commodity. 

* * * * * 

(c) Tolerances with regional 

registrations. A tolerance with regional 

registration, as defined in § 180.1(l), is 

established for residues of the 

insecticide pyridaben, including its 

metabolites and degradates, in or on the 

commodity in the table in this 

paragraph. Compliance with the 

tolerance level specified in this 

paragraph is to be determined by 

measuring only pyridaben, 4-chloro-2- 

(1,1-dimethylethyl)-5-[[[4-(1,1- 

dimethylethyl)phenyl]methyl]thio]- 

3(2H)-pyridazinone, in or on the 

commodity. 

* * * * * 

14. Section 180.513 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise paragraph (a)(2). 

The revised text reads as follows: 

§ 180.513 Chlorfenapyr; tolerances for 

residues. 

(a) * * * (1) A tolerance is 

established for residues of the 

insecticide chlorfenapyr, including its 

metabolites and degradates, in or on the 

commodity in the table in this 

paragraph. Compliance with the 

tolerance level specified in this 

paragraph is to be determined by 

measuring only chlorfenapyr, 4-bromo2-(4-chlorophenyl)-1-(ethoxymethyl)-5- 

(trifluoromethyl)-1H-pyrrole-3- 

carbonitrile, in or on the commodity. 

* * * * * 

(2) A tolerance of 0.01 parts per 

million is established for residues of the 

insecticide chlorfenapyr, including its 

metabolites and degradates, in or on all 

food commodities (other than those 

covered by a higher tolerance as a result 

of use on growing crops) in accordance 

with the following conditions: 

Application shall be no greater than a 

0.5% active ingredient solution for spot, 

crack and crevice use in food/feed 

handling areas where food/feed 

products are prepared, held, processed, 

or served; application may only be 

undertaken when the facility is not in 

operation, and provided exposed food/ 

feed has been covered, or removed from 

the area being treated prior to 

application; food contact surfaces and 

equipment should be thoroughly 

washed with an effective cleaning 

compound, and rinsed with potable 

water after each use of the product; 

contamination of food/feed or food/feed 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 34945 

contact surfaces shall be avoided; and 

application excludes any direct 

application to any food/feed, food/feed 

packaging, or any food/feed contact 

surfaces. Compliance with the tolerance 

level specified in this paragraph is to be 

determined by measuring only 

chlorfenapyr, 4-bromo-2-(4- 

chlorophenyl)-1-(ethoxymethyl)-5- 

(trifluoromethyl)-1H-pyrrole-3- 

carbonitrile, in or on the commodity. 

* * * * * 

15. Section 180.533 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise paragraph (a)(2); 

iii. Revise the introductory text in 

paragraph (c). 

The revised text reads as follows: 

§ 180.533 Esfenvalerate; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

insecticide esfenvalerate, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only the sum of 

esfenvalerate, (S)-cyano(3- 

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

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

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

(1-methylethyl)benzeneacetate, and its 

diastereoisomers (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, 

calculated as the stoichiometric 

equivalent of esfenvalerate, in or on the 

commodity. 

* * * * * 

(2) A tolerance of 0.05 parts per 

million in or 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 

residues of the insecticide esfenvalerate, 

including its metabolites and 

degradates, as a result of the use of 

esfenvalerate in food-handling 

establishments. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only the sum of 

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 

diastereoisomers (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, 

calculated as the stoichiometric 

equivalent of esfenvalerate, in or on the 

commodity. 

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registration, as defined in § 180.1(l), are 

established for residues of the 

insecticide esfenvalerate, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only the sum of 

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 

diastereoisomers (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, 

calculated as the stoichiometric 

equivalent of esfenvalerate, in or on the 

commodity. 

* * * * * 

[FR Doc. 2011–14827 Filed 6–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 515 

[Docket No. 11–09] 

Notice of Inquiry; Solicitation of Views 

on Proposal of the Ministry of 

Transport of the People’s Republic of 

China for Adjustment of the Amount 

for the FMC Optional Bond Rider 

Issued: June 10, 2011. 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of inquiry. 

SUMMARY: The Federal Maritime 

Commission (‘‘FMC’’ or ‘‘Commission’’) 

is issuing this Notice of Inquiry (‘‘NOI’’) 

to solicit public comment on the 

Ministry of Transport of the People’s 

Republic of China’s proposal to the 

Commission to amend the financial 

responsibility requirements of 

regulations set forth in Appendix E to 

subpart C of part 515—Optional Rider 

for Additional NVOCC Financial 

Responsibility (Optional Rider to Form 

FMC 48) [Form 48A] (China Bond 

Rider). 

DATES: Responses are due on or before 

July 15, 2011. 

ADDRESSES: Submit comments to: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Room 1046, 

Washington, DC 20573–0001. 

Or e-mail non-confidential comments 

to: Secretary@fmc.gov. (E-mail 

comments as attachments in Microsoft 

Word or PDF.) 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Fenneman, General Counsel, 

Office of the General Counsel, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Suite 1018, 

Washington, DC 20573–0001. 

Telephone: (202) 523–5740. E-mail: 

RFenneman@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

Submit Comments: Non-confidential 

filings may be submitted in hard copy 

or by e-mail as an attachment (in 

Microsoft Word or PDF) addressed to 

Secretary@fmc.gov on or before July 15, 

2011. Include in the subject line: 

‘‘Docket No. 11–09–FMC Optional Bond 

Rider.’’ To help assure that all potential 

respondents will provide usefully 

detailed information in their 

submissions, the Commission will 

provide confidential treatment to the 

extent allowed by law for those 

submissions, or parts of submissions, for 

which the parties request 

confidentiality. Responses to this 

inquiry that seek confidential treatment 

must be submitted in hard copy by U.S. 

mail or courier. Confidential filings 

must be accompanied by a transmittal 

letter that identifies the filing as 

‘‘confidential’’ and describes the nature 

and extent of the confidential treatment 

requested. When submitting documents 

in response to the NOI that contain 

confidential information, the 

confidential copy of the filing must 

consist of the complete filing and be 

marked by the filer as ‘‘ConfidentialRestricted,’’ with the confidential 

material clearly marked on each page. 

When a confidential filing is submitted, 

an original and one additional copy of 

the public version of the filing must be 

submitted. The public version of the 

filing should exclude confidential 

materials, and be clearly marked on 

each affected page, ‘‘confidential 

materials excluded.’’ Questions 

regarding filing or treatment of 

confidential responses to this inquiry 

should be directed to the Commission’s 

Secretary, Karen V. Gregory, at the 

telephone number or e-mail provided 

above. 

Background 

On April 15, 2011, the Federal 

Maritime Commission (FMC or 

Commission) received a communication 


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