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[Federal Register Volume 81, Number 105 (Wednesday, June 1, 2016)]
[Rules and Regulations]
[Pages 34902-34907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12723]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0212; FRL-9943-73]

Aldicarb, Alternaria destruens, Ampelomyces quisqualis, Azinphos-
methyl, Etridiazole, Fenarimol, et al.; Tolerance and Tolerance 
Exemption Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances in follow-up to canceled 
product registrations or uses for acephate, aldicarb, azinphos-methyl, 
etridiazole, fenarimol, imazamethabenz-methyl, tepraloxydim, thiazopyr, 
and tralkoxydim, and is revoking tolerance exemptions for certain 
pesticide active ingredients. However, EPA will not revoke the 
thiacloprid tolerances at this time that had been previously proposed 
for revocation. Also, EPA is making minor revisions to the section 
heading and introductory text for Pythium oligandrum DV 74. In 
addition, in accordance with current Agency practice, EPA is making 
revisions to the tolerance expression for imazamethabenz-methyl, and 
removing expired tolerances and tolerance exemptions for certain 
pesticide active ingredients.

DATES: This regulation is effective November 28, 2016. Objections and 
requests for hearings must be received on or before August 1, 2016, and 
must be filed in accordance with the instructions provided in 40 CFR 
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2015-0212, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-Evaluation 
Division (7508P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 308-8037; email address: 
nevola.joseph@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR 
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under the Federal Food, Drug, and Cosmetic Act (FFDCA) section 
408(g), 21 U.S.C. 346a(g), any person may file an objection to any 
aspect of this regulation and may also request a hearing on those 
objections. You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in 40 CFR part 
178. To ensure proper receipt by EPA, you must identify docket ID 
number EPA-HQ-OPP-2015-0212 in the subject line on the first page of 
your submission. All objections and requests for a hearing must be in 
writing, and must be received by the Hearing Clerk on or before August 
1, 2016. Addresses for mail and hand delivery of objections and hearing 
requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2015-0212, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

A. What action is the Agency taking?

    In the Federal Register of July 22, 2015 (80 FR 43373) (FRL-9929-
12), EPA issued a proposed rule to revoke certain tolerances for 
acephate, aldicarb, azinphos-methyl, etridiazole, fenarimol, 
imazamethabenz-methyl, tepraloxydim, thiacloprid, thiazopyr, and 
tralkoxydim, and tolerance exemptions for certain pesticide active 
ingredients, in follow-up to canceled product registrations or uses. 
Also, EPA proposed to make minor revisions to the section heading and 
introductory text for Pythium oligandrum DV 74. In addition, in 
accordance with current Agency practice, EPA proposed to make minor 
revisions to the tolerance expression for imazamethabenz-methyl, and 
remove expired tolerances and tolerance exemptions for certain 
pesticide active ingredients. The proposal provided a 60-day comment 
period.
    Since the proposed rule of July 22, 2015, amendments for the last 
two acephate labels with succulent bean use (revising succulent bean to 
a non-food use) were approved by EPA, as anticipated and discussed in 
the

[[Page 34903]]

proposed rule. Therefore, EPA is revoking the acephate tolerances in 40 
CFR 180.108(a)(1) and (a)(3) on bean, succulent.
    In this final rule EPA is revoking certain tolerances and/or 
tolerance exemptions because either they are no longer needed or are 
associated with food uses that are no longer registered under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the 
United States. Those instances where registrations were canceled were 
because the registrant failed to pay the required maintenance fee and/
or the registrant voluntarily requested cancellation of one or more 
registered uses of the pesticide active ingredient. The tolerances 
revoked by this final rule are no longer necessary to cover residues of 
the relevant pesticides in or on domestically treated commodities or 
commodities treated outside but imported into the United States. It is 
EPA's general practice to issue a final rule revoking those tolerances 
and tolerance exemptions for residues of pesticide active ingredients 
on crop uses for which there are no active registrations under FIFRA, 
unless any person comments on the proposal indicating a need for the 
tolerance or tolerance exemption to cover residues in or on imported 
commodities or legally treated domestic commodities.
    EPA has historically been concerned that retention of tolerances 
that are not necessary to cover residues in or on legally treated foods 
may encourage misuse of pesticides within the United States.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of the following 
conditions applies:
    1. Prior to EPA's issuance of a FFDCA section 408(f) order 
requesting additional data or issuance of a FFDCA section 408(d) or (e) 
order revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer 
needed.
    3. The tolerance is not supported by data that demonstrate that the 
tolerance meets the requirements under the Food Quality Protection Act 
(FQPA).
    Among the comments received by EPA are the following:
    1. Aldicarb.--Comment by Ag Logic Chemical LLC (Ag Logic). The 
commenter requested that the aldicarb tolerances on sorghum be retained 
for possible future actions. Ag Logic stated that another registrant 
requested the voluntary cancellation of its aldicarb products for use 
on sorghum and now Ag Logic is the sole registrant for aldicarb. Also, 
Ag Logic stated it is reevaluating all current and potential 
agricultural uses for aldicarb and if it decides to apply for 
registration on sorghum it would be extremely beneficial to both Ag 
Logic and the Agency if the sorghum tolerances remained in place.
    Agency response. The use of aldicarb on sorghum was officially 
canceled in 2009 (see details in the proposed rule of July 22, 2015) 
under section 6(f)(1) of FIFRA, 7 U.S.C. 136(d)(f)(1), under which a 
registrant of a pesticide product may request that the product 
registration be canceled or amended to terminate one or more uses. 
Because EPA canceled the sorghum use in response to a registrant's 
voluntary request, and no other aldicarb products include a use on 
sorghum, there is currently no legal use of aldicarb on sorghum. EPA 
will not retain the tolerance based on the possibility that someone may 
apply for a new use on sorghum in the future. Tolerances are generally 
maintained for current uses. In addition, no comment specific to the 
need for retaining tolerances for aldicarb residues of concern on 
sorghum for import purposes was received by the Agency during the 60-
day comment period. Therefore, EPA is revoking the tolerances for 
aldicarb in 40 CFR 180.269(a) on sorghum, grain, bran; sorghum, grain, 
grain; and sorghum, grain, stover.
    2. Thiacloprid.--Comments by Bayer CropScience (BCS), BCS in 
Mexico, Power Farms Inc., the Ontario Apple Growers (OAG), and the 
Ontario Fruit and Vegetable Growers' Association (OFVGA). The 
commenters requested that all the current tolerances for thiacloprid be 
retained for import purposes with the exception of the OFVGA, which 
asked that only the specific thiacloprid tolerances on pome fruit and 
wet apple pomace be maintained for import purposes. Also, BCS stated 
its intention to provide supporting data where necessary for all of the 
current thiacloprid tolerances.
    Agency response. In comments to the proposed rule, persons 
expressed a need for retention of the thiacloprid tolerances for import 
purposes. Therefore, EPA will not revoke the thiacloprid tolerances in 
40 CFR 180.594 at this time. However, because there are no longer any 
active food-use registrations in the United States and no comments were 
received by EPA which expressed a need for more time to exhaust 
existing stocks for domestic use, EPA is not changing its previous 
determination (as stated in the proposed rule of July 22, 2015) that 
existing stocks in the United States will be exhausted by February 8, 
2017. EPA is noting in 40 CFR 180.594 that the tolerances for 
thiacloprid have no U.S. registrations as of August 6, 2014. Also, 
retaining these tolerances may require submission of data to 
demonstrate their safety. For example, domestic U.S. residue data may 
not be representative of growing conditions and use patterns in other 
countries. EPA published guidance on pesticide import tolerances and 
residue data for imported food in the Federal Register notices of April 
5, 2006 (71 FR 17099) (FRL-7772-1) and June 1, 2000 (65 FR 35069) (FRL-
6559-3).
    With the exception of aldicarb and thiacloprid, the Agency did not 
receive any specific comments in the docket, during the 60-day comment 
period, concerning proposed tolerance actions associated with pesticide 
active ingredients, as described in the Federal Register of July 22, 
2015. Therefore, with the exception of thiacloprid, EPA is finalizing 
revocations and amendments in the proposed rule of July 22, 2015. For a 
detailed discussion of the Agency's rationale for the finalized 
tolerance actions, refer to the proposed rule of July 22, 2015.

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 
revoking tolerances and tolerance exemptions as follow-up on canceled 
uses of pesticides.

C. When do these actions become effective?

    As stated in the DATES section, this regulation is effective 
November 28, 2016. EPA is delaying the effective date of these 
finalized actions to allow a reasonable interval for producers in 
exporting members of the World Trade Organization's Sanitary and 
Phytosanitary Measures Agreement to adapt to the requirements of a 
final rule. With the exception of fenarimol, imazamethabenz-methyl, and 
thiacloprid, EPA believes that existing stocks of the canceled or 
amended pesticide products labeled for the uses associated with the 
revoked tolerances have been completely exhausted and that treated 
commodities have had sufficient time for passage through the channels 
of trade. EPA is revoking certain tolerances for fenarimol, 
imazamethabenz-methyl, and tepraloxydim with expiration/revocation 
dates. EPA believes that these revocation dates allow users to exhaust 
stocks and allow sufficient time

[[Page 34904]]

for passage of treated commodities through the channels of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by FQPA. Under 
this unit, any residues of these pesticides in or on such food shall 
not render the food adulterated so long as it is shown to the 
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates that the 
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established a MRL for etridiazole, 
imazamethabenz-methyl, tepraloxydim, thiazopyr, and tralkoxydim.
    The Codex has established MRLs for acephate, in or on various 
commodities, including beans, except broad bean and soya bean at 5 
milligrams/kilogram (mg/kg). The beans, except broad bean and soya bean 
MRL is different than the tolerance established for acephate on 
succulent bean in the United States, which EPA is revoking in this 
final rule.
    The Codex has established MRLs for aldicarb, in or on various 
commodities, including sorghum at 0.1 mg/kg, which is covered by a 
current U.S. tolerance at a higher level than the MRL, and sorghum 
straw and fodder, dry at 0.5 mg/kg, which is the same as the U.S. 
tolerance. The sorghum MRL is different than the tolerance established 
for aldicarb in the United States. In this final rule EPA is revoking 
the tolerances for aldicarb on sorghum, grain, bran; sorghum, grain, 
grain; and sorghum, grain, stover.
    The Codex has established MRLs for azinphos-methyl in or on various 
commodities, including almond hulls and blueberries at 5 mg/kg, 
cherries, peach, and plums (including prunes) at 2 mg/kg, and walnuts 
at 0.3 mg/kg. These MRLs are the same as the tolerances established for 
azinphos-methyl in the United States. In this final rule EPA is 
revoking the tolerances for azinphos-methyl on almond, hulls; 
blueberry; cherry; peach; plum, prune; and walnut.
    The Codex has established MRLs for azinphos-methyl, in or on 
various commodities, including almonds and apple at 0.05 mg/kg (which 
are covered by current U.S. tolerances at a higher level than the 
MRLs), and pear at 2 mg/kg. These MRLs are different than the 
tolerances established for azinphos-methyl in the United States. In 
this final rule EPA is revoking the tolerances for azinphos-methyl on 
almond; apple; and pear.
    The Codex has established MRLs for fenarimol in or on various 
commodities, including cattle, liver at 0.05 mg/kg, cherries at 1 mg/
kg, hops, dry at 5 mg/kg, and pecan at 0.02 mg/kg. These MRLs are the 
same as the tolerances established for fenarimol in the United States. 
In this final rule EPA is revoking the tolerances for fenarimol 
residues in or on cattle, meat byproducts, except kidney; cherry, 
sweet; cherry, tart; hop, dried cones; and pecan; each with an 
expiration/revocation date.
    The Codex has established MRLs for fenarimol, in or on various 
commodities, including cattle kidney and cattle meat at 0.02 mg/kg; and 
grapes at 0.3 mg/kg. These MRLs are different than the tolerances 
established for fenarimol in the United States. In this final rule EPA 
is revoking the tolerances for fenarimol residues in or on cattle, 
kidney; cattle, meat; and grape; each with an expiration/revocation 
date.
    The Codex has established MRLs for thiacloprid in or on various 
commodities, including cotton seed at 0.02 mg/kg, peppers, sweet at 1 
mg/kg, and stone fruits at 0.5 mg/kg (for U.S. tolerances on cherry 
subgroup and peach subgroup). These MRLs are the same as the tolerances 
established for thiacloprid in the United States.
    The Codex has established MRLs for thiacloprid, in or on various 
commodities, including milks at 0.05 mg/kg; pome fruits at 0.7 mg/kg, 
and stone fruits at 0.5 mg/kg (for U.S. tolerance on plum subgroup). 
These MRLs are different than the tolerances established for 
thiacloprid in the United States because of differences in use patterns 
and/or agricultural practices.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted this type of action (e.g., a tolerance revocation for which 
extraordinary circumstances do not exist) from review under Executive 
Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, 
October 4, 1993). Because this rule has been exempted from review under 
Executive Order 12866 due to its lack of significance, this rule is not 
subject to Executive Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001). This final rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), or impose any enforceable 
duty or contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). Nor does 
it require any special considerations as required by Executive Order 
12898, entitled ``Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations'' (59 FR 7629, February 
16, 1994); or OMB review or any other Agency action under Executive 
Order 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This 
action does not involve any technical standards that would require 
Agency consideration of voluntary consensus standards pursuant to 
section 12(d) of the National Technology Transfer and Advancement Act 
(NTTAA) (15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously assessed 
whether revocations of tolerances 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. This analysis was published in 
the Federal Register of December 17, 1997 (62 FR 66020) (FRL-5753-1), 
and was provided to the Chief

[[Page 34905]]

Counsel for Advocacy of the Small Business Administration. Taking into 
account this analysis and available information concerning the 
pesticides listed in this rule, the Agency hereby certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities. In a memorandum dated May 25, 2001, EPA 
determined that eight conditions must all be satisfied in order for an 
import tolerance or tolerance exemption revocation to adversely affect 
a significant number of small entity importers, and that there is a 
negligible joint probability of all eight conditions holding 
simultaneously with respect to any particular revocation. (This Agency 
document is available in the docket of the proposed rule.) Furthermore, 
for the pesticides named in this final rule, the Agency knows of no 
extraordinary circumstances that exist as to the present revocations 
that would change EPA's previous analysis. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled ``Federalism'' (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This final 
rule directly regulates growers, food processors, food handlers, and 
food retailers, not States. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of FFDCA section 408(n)(4). 
For these same reasons, the Agency has determined that this rule does 
not have any ``tribal implications'' as described in Executive Order 
13175, entitled ``Consultation and Coordination with Indian Tribal 
Governments'' (65 FR 67249, November 9, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.'' This rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this action.

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: May 11, 2016.
Jack E. Housenger,
Director, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

Sec.  180.108  [Amended]

0
2. In Sec.  180.108, remove the entries for ``Bean, succulent'' from 
the tables in paragraphs (a)(1) and (3).

Sec. Sec.  180.121, 180.154, 180.232, 180.257, and 180.263  [Removed]

0
3. Remove Sec. Sec.  180.121, 180.154, 180.232, 180.257, and 180.263.

Sec.  180.269  [Amended]

0
4. In Sec.  180.269, remove the entries for ``Sorghum, grain, bran,'' 
``Sorghum, grain, grain,'' and ``Sorghum, grain, stover,'' from the 
table in paragraph (a).

Sec. Sec.  180.311 and 180.315  [Removed]

0
5. Remove Sec. Sec.  180.311 and 180.315.

0
6. In Sec.  180.370, revise the table in paragraph (a) to read as 
follows:

Sec.  180.370  5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole; 
tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cotton, gin byproducts.....................................          0.1
Cotton, undelinted seed....................................          0.1
Tomato.....................................................         0.15
------------------------------------------------------------------------

* * * * *

0
7. In Sec.  180.421, revise the table in paragraph (a) to read as 
follows:

Sec.  180.421  Fenarimol; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Apple...................................             0.3         7/31/16
Apple, wet pomace.......................             0.3         7/31/16
Banana \1\..............................            0.25            None
Cattle, fat.............................            0.01         7/31/16
Cattle, kidney..........................            0.01         7/31/16
Cattle, meat............................            0.01         7/31/16
Cattle, meat byproducts, except kidney..            0.05         7/31/16
Cherry, sweet...........................             1.0         7/31/16
Cherry, tart............................             1.0         7/31/16
Goat, fat...............................            0.01         7/31/16
Goat, kidney............................            0.01         7/31/16
Goat, meat..............................            0.01         7/31/16

[[Page 34906]]

 
Goat, meat byproducts, except kidney....            0.05         7/31/16
Grape...................................             0.1         7/31/16
Hazelnut................................            0.02         7/31/16
Hop, dried cones........................             5.0         7/31/16
Horse, fat..............................            0.01         7/31/16
Horse, kidney...........................            0.01         7/31/16
Horse, meat.............................            0.01         7/31/16
Horse, meat byproducts, except kidney...            0.05         7/31/16
Pear....................................             0.1         7/31/16
Pecan...................................            0.02         7/31/16
Sheep, fat..............................            0.01         7/31/16
Sheep, kidney...........................            0.01         7/31/16
Sheep, meat.............................            0.01         7/31/16
Sheep, meat byproducts, except kidney...            0.05         7/31/16
Vegetable, cucurbit, group 9 \2\........            0.20            None
------------------------------------------------------------------------
\1\ There are no U.S. registrations for bananas as of April 26, 1995.
\2\ There are no U.S. registrations for cucurbit vegetable group 9 as of
  August 27, 2010.

* * * * *

Sec.  180.422  [Removed]

0
8. Remove Sec.  180.422.

0
9. Revise Sec.  180.437 to read as follows:

Sec.  180.437  Imazamethabenz-methyl; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide imazamethabenz-methyl, 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 imazamethabenz-methyl (methyl 2-[4,5-
dihydro-4-methyl-4-(1-methylethyl)-5-oxo-1H-imidazol-2-yl]-4-
methylbenzoate) or (methyl 2-[4,5-dihydro-4-methyl-4-(1-methylethyl)-5-
oxo-1H-imidazol-2-yl]-5-methylbenzoate), as the sum of its para- and 
meta-isomers in or on the commodity.

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Barley, grain...........................            0.10        12/31/16
Barley, straw...........................            2.00        12/31/16
Sunflower, seed.........................            0.10        12/31/16
Wheat, grain............................            0.10        12/31/16
Wheat, straw............................            2.00        12/31/16
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

Sec. Sec.  180.496, 180.497, 180.530, and 180.548  [Removed]

0
10. Remove Sec. Sec.  180.496, 180.497, 180.530, and 180.548.

0
11. In Sec.  180.573, revise the table in paragraphs (a)(1), (a)(2), 
and (c) to read as follows:

Sec.  180.573  Tepraloxydim; tolerances for residues.

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

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Cotton, undelinted seed.................             0.2        12/31/18
Cotton, gin byproducts..................             3.0        12/31/18
Flax, seed..............................            0.10        12/31/18
Grain, aspirated fraction...............          1200.0        12/31/18
Pea and bean, dried shelled, except                 0.10        12/31/18
 soybean, subgroup 6C \1\...............
Soybean, seed...........................             6.0        12/31/18
Soybean, hulls..........................             8.0        12/31/18
Sunflower subgroup 20B \1\..............            0.20        12/31/18
------------------------------------------------------------------------
\1\ There are no U.S. registrations for commodities in this subgroup.

    (2) * * *

[[Page 34907]]

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          date
------------------------------------------------------------------------
Cattle, fat.............................            0.15        12/31/18
Cattle, kidney..........................            0.50        12/31/18
Cattle, meat............................            0.20        12/31/18
Cattle, meat byproducts, except kidney..            0.20        12/31/18
Egg.....................................            0.20        12/31/18
Goat, fat...............................            0.15        12/31/18
Goat, kidney............................            0.50        12/31/18
Goat, meat..............................            0.20        12/31/18
Goat, meat byproducts, except kidney....            0.20        12/31/18
Hog, fat................................            0.15        12/31/18
Hog, kidney.............................            0.50        12/31/18
Hog, meat...............................            0.20        12/31/18
Hog, meat byproducts, except kidney.....            0.20        12/31/18
Horse, fat..............................            0.15        12/31/18
Horse, kidney...........................            0.50        12/31/18
Horse, meat.............................            0.20        12/31/18
Horse, meat byproducts, except kidney...            0.20        12/31/18
Milk....................................            0.10        12/31/18
Poultry, fat............................            0.30        12/31/18
Poultry, liver..........................            1.00        12/31/18
Poultry, meat...........................            0.20        12/31/18
Poultry, meat byproducts, except liver..            0.20        12/31/18
Sheep, fat..............................            0.15        12/31/18
Sheep, kidney...........................            0.50        12/31/18
Sheep, meat.............................            0.20        12/31/18
Sheep, meat byproducts, except kidney...            0.20        12/31/18
------------------------------------------------------------------------

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                           Expiration/
               Commodity                   Parts per        revocation
                                            million            date
------------------------------------------------------------------------
Canola, seed..........................            0.50         12/31/18
------------------------------------------------------------------------

* * * * *

0
12. In Sec.  180.594, revise the table in paragraph (a) to read as 
follows:

Sec.  180.594  Thiacloprid; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Apple, wet pomace \1\......................................         0.60
Cattle, fat \1\............................................        0.020
Cattle, kidney \1\.........................................        0.050
Cattle, liver \1\..........................................         0.15
Cattle, meat \1\...........................................        0.030
Cattle, meat byproducts \1\................................        0.050
Cherry subgroup 12-12A \1\.................................          0.5
Cotton, gin byproducts \1\.................................         11.0
Cotton, undelinted seed \1\................................        0.020
Fruit, pome, group 11 \1\..................................         0.30
Goat, fat \1\..............................................        0.020
Goat, kidney \1\...........................................        0.050
Goat, liver \1\............................................         0.15
Goat, meat \1\.............................................        0.030
Goat, meat byproducts \1\..................................        0.050
Horse, fat \1\.............................................        0.020
Horse, kidney \1\..........................................        0.050
Horse, liver \1\...........................................         0.15
Horse, meat \1\............................................        0.030
Horse, meat byproducts \1\.................................        0.050
Milk \1\...................................................        0.030
Peach subgroup 12-12B \1\..................................          0.5
Peach subgroup 12-12C \1\..................................         0.05
Pepper \1\.................................................          1.0
Sheep, fat \1\.............................................        0.020
Sheep, kidney \1\..........................................        0.050
Sheep, liver \1\...........................................         0.15
Sheep, meat \1\............................................        0.030
Sheep, meat byproducts \1\.................................        0.050
------------------------------------------------------------------------
\1\ There are no U.S. registrations for the commodity since August 6,
  2014.

* * * * *

Sec. Sec.  180.630, 180.642, 180.1107, 180.1108, 180.1113, 180.1131, 
180.1144, and 180.1154  [Removed]

0
13. Remove Sec. Sec.  180.630, 180.642, 180.1107, 180.1108, 180.1113, 
180.1131, 180.1144, and 180.1154.

0
14. Revise Sec.  180.1180 to read as follows:

Sec.  180.1180  Kaolin; exemption from the requirement of a tolerance.

    Kaolin is exempted from the requirement of a tolerance for residues 
when used on or in food commodities to aid in the control of insects, 
fungi, and bacteria (food/feed use).

Sec. Sec.  180.1200, 180.1201, 180.1221, 180.1241, and 
180.1256  [Removed]

0
15. Remove Sec. Sec.  180.1200, 180.1201, 180.1221, 180.1241, and 
180.1256.
0
16. Revise Sec.  180.1275 to read as follows:

Sec.  180.1275  Pythium oligandrum DV 74; exemption from the 
requirement of a tolerance.

    An exemption from the requirement of a tolerance is established on 
all food/feed commodities for residues of Pythium oligandrum DV 74 when 
the pesticide is used on food crops.

Sec.  180.1279  [Removed]

0
17. Remove Sec.  180.1279.

[FR Doc. 2016-12723 Filed 5-31-16; 8:45 am]
 BILLING CODE 6560-50-P
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