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[Federal Register Volume 77, Number 90 (Wednesday, May 9, 2012)]
[Proposed Rules]
[Pages 27164-27174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11063]

[[Page 27164]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0171; FRL-9345-2]
RIN 2070-ZA16

Butylate, Clethodim, Dichlorvos, Dicofol, Isopropyl Carbanilate, 
et al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing, in follow-up to canceled uses or where a 
commodity is no longer a significant feed item, to revoke certain 
tolerances for butylate, clethodim, dichlorvos, dicofol, isopropyl 
carbanilate, methanearsonic acid, methomyl, naled, primisulfuron-
methyl, tralomethrin, and ziram, and tolerance exemptions for rotenone, 
derris, cube roots, and pine oil. Also, EPA is proposing to make minor 
revisions to the tolerance expressions for dicofol, methanearsonic 
acid, methomyl, and tralomethrin, revise the nomenclature of specific 
tolerances for butylate, methomyl, and tralomethrin, and remove expired 
tolerances for certain pesticide active ingredients, in accordance with 
current EPA practice. In addition, EPA is proposing to reinstate 
popcorn tolerances for metolachlor to remedy an inadvertent omission 
and cover existing registrations.

DATES: Comments must be received on or before July 9, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0171, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online 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-
2012-0171. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online 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 email comment 
directly to EPA without going through regulations.gov, your email 
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; 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. 
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 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 email. 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

[[Page 27165]]

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.

C. What can I do if I wish the agency to maintain a tolerance that the 
agency proposes to revoke?

    This proposed rule provides a comment period of 60 days for any 
person to state an interest in retaining a tolerance or tolerance 
exemption proposed for revocation. If EPA receives a comment within the 
60-day period to that effect, EPA will not proceed to revoke the 
tolerance immediately. However, EPA will take steps to ensure the 
submission of any needed supporting data and will issue an order in the 
Federal Register under the Federal Food, Drug, and Cosmetic Act (FFDCA) 
section 408(f), if needed. The order would specify data needed and the 
timeframes for its submission, and would require that within 90 days 
some person or persons notify EPA that they will submit the data. If 
the data are not submitted as required in the order, EPA will take 
appropriate action under FFDCA.
    EPA issues a final rule after considering comments that are 
submitted in response to this proposed rule. In addition to submitting 
comments in response to this proposal, you may also submit an objection 
at the time of the final rule. If you fail to file an objection to the 
final rule within the time period specified, you will have waived the 
right to raise any issues resolved in the final rule. After the 
specified time, issues resolved in the final rule cannot be raised 
again in any subsequent proceedings.

II. Background

A. What action is the agency taking?

    EPA is proposing to revoke certain tolerances and to promulgate 
other tolerances with expiration dates, for the fungicide ziram, the 
herbicides butylate, clethodim, isopropyl carbanilate, methanearsonic 
acid, and primisulfuron-methyl; the insecticides dichlorvos, dicofol, 
methomyl, naled, and tralomethrin, and tolerance exemptions for the 
pesticides rotenone, derris, cube roots, and pine oil.
    Section 321 of FFDCA defines a pesticide residue as including 
metabolites and degradates of the pesticide. Therefore, EPA is 
proposing to make minor revisions to the tolerance expressions for 
dicofol, methanearsonic acid, methomyl, and tralomethrin, in accordance 
with current Agency practice to describe more clearly the measurement 
of residues for tolerances and coverage of metabolites and degradates 
of a pesticide by the tolerances. The revisions to the tolerance 
expressions do not substantively change the tolerance or, in any way, 
modify the permissible level of residues permitted by the tolerance.
    In addition, EPA is proposing to revise the nomenclature of 
specific tolerances for butylate, methomyl, and tralomethrin, and 
remove expired tolerances for arsanilic acid, cyhexatin, ethion, 
fenthion, fonofos, lindane, orthoarsenic acid, phosphamidon, and 
triazamate. In addition, EPA is proposing to reinstate popcorn 
tolerances for metolachlor.
    EPA is proposing to revoke certain tolerances because 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). The proposed revocations for dichlorvos, naled, and pine 
oil are consistent with the recommendations in the dichlorvos, naled, 
and pine oil Reregistration Eligibility Decisions (REDs) of 2006. As 
part of the tolerance reassessment process, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of FFDCA. The safety finding determination of ``reasonable 
certainty of no harm'' is discussed in detail in each RED. REDs 
recommend the implementation of certain tolerance actions, including 
modifications to reflect current use patterns, meet safety findings, 
and change commodity names and groupings in accordance with new EPA 
policy. Printed copies of many REDs may be obtained from EPA's National 
Service Center for Environmental Publications (EPA/NSCEP), P.O. Box 
42419, Cincinnati, OH 45242-2419; telephone number: 1-800-490-9198; fax 
number: 1-513-489-8695; Internet at http://www.epa.gov/ncepihom and 
from the National Technical Information Service (NTIS), 5285 Port Royal 
Rd., Springfield, VA 22161; telephone number: 1-800-553-6847 or (703) 
605-6000; Internet at http://www.ntis.gov. Electronic copies are 
available on the Internet for the dichlorvos, naled, and pine oil REDs 
at http://www.epa.gov/pesticides/reregistration/status.htm.
    In REDs, Chapter IV on risk management, reregistration, and 
tolerance reassessment typically describes the regulatory position, 
cumulative safety determination, determination of safety for U.S. 
general population, and safety for infants and children. In particular, 
the human health risk assessment document which supports the RED 
describes risk exposure estimates and whether the Agency has concerns. 
EPA also seeks to harmonize tolerances with international standards set 
by the Codex Alimentarius Commission, as described in Unit III.
    It is EPA's general practice to propose revocation of those 
tolerances for residues of pesticide active ingredients on crop uses 
for which there are no active registrations under FIFRA, unless any 
person in comments on the proposal indicates a need for the tolerance 
to cover residues in or on imported commodities or legally treated 
domestic commodities.
    Certain tolerances pertaining to the pesticides subject to this 
proposal have expired due to previous EPA regulation setting expiration 
dates. Therefore, EPA is proposing to remove the expired tolerances 
from the Code of Federal Regulations. 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.
    1. Arsanilic acid. Because the sole tolerance for the plant growth 
regulator arsanilic acid expired on February 28, 2001, EPA is proposing 
to remove it from 40 CFR 180.550, and remove that section in its 
entirety.
    2. Butylate. In the Federal Register notice of July 28, 2010 (75 FR 
44240) (FRL-8835-2), EPA published a notice of cancellation of 
pesticides for non-payment of year 2010 registration maintenance fees, 
which included the announcement of cancellations for both an end-use 
product registration and last technical chemical registration for 
butylate. The cancellation orders permitted the registrant to sell and 
distribute existing stocks of affected products until January 15, 2011, 
one year after the date on which the fee was due. Persons other than 
registrant are permitted to sell, distribute, and/or use existing 
stocks of products whose labels include the deleted uses until supplies 
are exhausted, provided that the use complies with the EPA approved 
label

[[Page 27166]]

and labeling of the affected products. In the Federal Register notice 
of January 26, 2011 (76 FR 4692) (FRL-8856-9), EPA published a notice 
of receipt of voluntary requests by registrants to cancel certain 
pesticide registrations, including an end-use registration for 
butylate, the last butylate product registered for use in the United 
States. In the Federal Register notice of March 23, 2011 (76 FR 16417) 
(FRL-8867-8), EPA issued a cancellation order which granted the 
requested cancellation for the last butylate registration and permitted 
the registrant to sell and distribute existing stocks of the affected 
product containing butylate for 1 year after the date of publication of 
the cancellation order in the Federal Register; i.e., until March 23, 
2012. Persons other than registrant are permitted to sell, distribute, 
and/or use existing stocks of products whose labels include the deleted 
uses until supplies are exhausted, provided that the use complies with 
the EPA approved label and labeling of the affected products.
    EPA believes that existing stocks are likely to be exhausted by 
March 23, 2013. Therefore, EPA is proposing to revoke the tolerances 
for butylate in 40 CFR 180.232(a) on corn, field, forage; corn, field, 
grain; corn, field, stover; corn, pop, forage; corn, pop, grain; corn, 
sweet, forage; and corn, sweet, kernel plus cob with husks removed; 
each with an expiration/revocation date of March 23, 2013.
    Also, in order to conform to current Agency practice, EPA is 
proposing in 40 CFR 180.232(a) to revise the commodity terminology for 
``corn, pop, forage'' to ``corn, pop, stover.''
    3. Clethodim. The commodity ``soybean soapstock'' is no longer 
considered by the Agency to be a significant animal feed item and 
therefore the tolerance is no longer needed. Consequently, EPA is 
proposing to revoke the tolerance in 40 CFR 180.458(a) on soybean, 
soapstock.
    4. Cyhexatin. Because the sole tolerance for the insecticide 
cyhexatin expired on June 13, 2009, EPA is proposing to remove it from 
40 CFR 180.144, and remove that section in its entirety.
    5. Dichlorvos. On February 5, 1998 (63 FR 5907) (FRL-5743-9), EPA 
published a proposed rule in the Federal Register concerning a number 
of pesticide active ingredients and proposed tolerance actions, 
including the proposed revocation of the tomato tolerance for 
dichlorvos in 40 CFR 180.235 because there were no active registrations 
for use of dichlorvos on tomatoes in the United States, and therefore 
the tolerance was no longer needed. However, during the public comment 
period and as described in the final rule published in the Federal 
Register on October 26, 1998 (63 FR 57067) (FRL-6035-6), EPA received 
comment from the Canadian Horticultural Council (CHC). Consequently, 
EPA did not revoke the dichlorvos tolerance on tomato at that time. The 
CHC stated that revocation of the tomato tolerance would create a 
barrier to Canadian exports and requested that tolerances be maintained 
until pesticide alternatives were available to producers in Canada. EPA 
believes that there is no longer a need for the dichlorvos tolerance on 
tomato. Possible alternative insecticides such as fenpropathrin, 
deltamethrin, chlorantraniliprole, spinetoram, spinosad, permethrin, 
acetamiprid, imidacloprid, and lambda-cyhalothrin have both Canadian 
MRLs and U.S. tolerances on tomato or vegetable, fruiting, group 8, 
where a U.S. tolerance is at or exceeds the level of the corresponding 
Canadian MRL for the pesticide. Therefore, EPA is proposing to revoke 
the dichlorvos tolerance in 40 CFR 180.235(a)(1) on tomato, postharvest 
(residues expressed as naled).
    6. Dicofol. As a result of on an agreement in principle signed by 
the EPA and the technical registrants of dicofol on May 17, 2011, 
registrants requested voluntary product cancellation and amendment. The 
cancellations included the last products containing dicofol registered 
for use in the United States. Dicofol registrants agreed to cease all 
production of dicofol as of May 17, 2011, cease all sales and 
distribution of dicofol end-use products by October 31, 2013, and amend 
end-use products to add a condition of registration that as of August 
31, 2011, registrants will not sell or distribute dicofol end-use 
products that do not bear a prominent sticker prior to sale or 
distribution by the dicifol registrants that declares: ``It is unlawful 
to use this product after October 31, 2016.''
    In the Federal Register of June 22, 2011 (76 FR 36535) (FRL-8875-
7), EPA announced its receipt of the requests from registrants to 
voluntarily cancel the last product registrations for use of dicofol in 
the United States. In the Federal Register of December 14, 2011 (76 FR 
77824) (FRL-9326-5), EPA published a cancellation order in follow-up to 
the June 22, 2011 Notice of Receipt of Requests. The cancellation order 
allowed registrants of dicofol end-use products to sell and distribute 
existing stocks until October 31, 2013, persons other than the 
registrants to sell and distribute existing stocks until December 31, 
2013, and use of existing stocks of any of the dicofol end-use products 
until October 31, 2016. Therefore, EPA is proposing to revoke the 
dicofol tolerances in 40 CFR 180.163(a)(1) on apple, wet pomace; bean, 
dry, seed; bean, succulent; butternut; caneberry subgroup 13A; 
chestnut; citrus, dried pulp; citrus oil; cotton, refined oil; cotton, 
undelinted seed; fruit, citrus, group 10; fruit, pome, group 11; fruit, 
stone, group 12; grape; grape, raisin; hazelnut; hop, dried cones; nut, 
hickory; nut, macadamia; pecan; peppermint, oil; peppermint, tops; 
spearmint, oil; spearmint, tops; strawberry; tea, dried; tea, plucked 
leaves; vegetable, cucurbit, group 9; vegetable, fruiting, group 8; and 
walnut; each with an expiration/revocation date of October 31, 2016.
    Also, EPA is proposing to revoke the dicofol tolerances in 40 CFR 
180.163(a)(2) on cattle, fat; cattle, liver; cattle, meat; cattle, meat 
byproducts, except liver; egg; goat, fat; goat, liver; goat, meat; 
goat, meat byproducts, except liver; hog, fat; hog, liver; hog, meat; 
hog, meat byproducts, except liver; horse, fat; horse, liver; horse, 
meat; horse, meat byproducts, except liver; milk, fat (reflecting 0.75 
ppm in whole milk); poultry, fat; poultry, meat; poultry, meat 
byproducts; sheep, fat; sheep, liver; sheep, meat; and sheep, meat 
byproducts, except liver; each with an expiration/revocation date of 
October 31, 2016.
    In addition, EPA is proposing to revise the section heading in 40 
CFR 180.163 from ``1,1-bis(4-chlorophenyl)-2,2,2-trichloroethanol'' to 
``dicofol.'' Also, in order to describe more clearly the measurement of 
residues for tolerances and coverage of metabolites and degradates of a 
pesticide by the tolerances, EPA is proposing to revise the tolerance 
expressions for dicofol in 40 CFR 180.163(a)(1) and (a)(2) to read as 
set out in the proposed regulatory text at the end of this document.
    7. Ethion. Because all the tolerances for the insecticide ethion 
expired on October 1, 2008, EPA is proposing to remove them from 40 CFR 
180.173, and remove that section in its entirety.
    8. Fenthion. Because all the tolerances for the insecticide 
fenthion expired, some on April 1, 2006 and some on April 1, 2003, EPA 
is proposing to remove them from 40 CFR 180.214, and remove that 
section in its entirety.
    9. Fonofos. Because all the tolerances for the insecticide O-ethyl 
S-phenyl ethylphosphonodithioate, also known as fonofos, expired on 
December 31, 2002, EPA is proposing to remove them from 40 CFR 180.221, 
and remove that section in its entirety.

[[Page 27167]]

    10. Isopropyl carbanilate. Because there have been no active 
registrations in the United States for isopropyl carbanilate (also 
called propham) since 1991, the interim tolerances are no longer needed 
and therefore should be revoked. Therefore, EPA is proposing to revoke 
the interim tolerances for isopropyl carbanilate in 40 CFR 180.319 on 
alfalfa, hay; clover, hay; grass, hay; alfalfa, forage; clover, forage; 
grass, forage; flax, seed; lentil; lettuce, head; lettuce, leaf; pea; 
safflower, seed; spinach; beet, sugar, roots; beet, sugar, tops; egg; 
cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, 
meat; goat, meat byproducts; hog, fat; hog, meat; hog, meat byproducts; 
horse, fat; horse, meat; horse, meat byproducts; milk; sheep, fat; 
sheep, meat; sheep, meat byproducts; poultry, fat; poultry, meat; and 
poultry, meat byproducts.
    11. Lindane. Because all the tolerances for the insecticide lindane 
expired on October 2, 2009, EPA is proposing to remove them from 40 CFR 
180.133, and remove that section in its entirety.
    12. Methanearsonic acid. As a result of an agreement in principle 
signed by the EPA and the technical registrants of the organic 
arsenicals on January 16 and February 5, 2009, registrants requested 
voluntary product cancellation and amendment. Some of the cancellations 
included the last products containing disodium methanearsonate (DSMA) 
registered for use in the United States, and cancellation and amendment 
of products for monosodium methanearsonate (MSMA) which would terminate 
its citrus, bearing and non-bearing, uses. In the Federal Register of 
July 8, 2009 (74 FR 32596) (FRL-8422-6), EPA announced its receipt of 
the requests and provided a public comment period. In the Federal 
Register of September 30, 2009 (74 FR 50187) (FRL-8437-7), EPA 
published a cancellation order in follow-up to the July 8, 2009, Notice 
of Receipt of Requests. The cancellation order prohibited registrants 
from selling or distributing existing stocks (with citrus uses) after 
December 31, 2009, and persons other than the registrants from selling 
or distributing existing stocks after December 31, 2010, but allowed 
their use until exhaustion. EPA believes that existing stocks (with 
citrus use) will be exhausted 2 years after December 31, 2010; i.e., by 
December 31, 2012. Therefore, EPA is proposing to revoke the tolerance 
in 40 CFR 180.289(a) for methanearsonic acid, from application of DSMA 
and MSMA, in or on fruit, citrus with an expiration/revocation date of 
December 31, 2012.
    Also, in order to describe more clearly the measurement of residues 
for tolerances and coverage of metabolites and degradates of a 
pesticide by the tolerances, EPA is proposing to revise the tolerance 
expression for methanearsonic acid in 40 CFR 180.289(a) to read as set 
out in the proposed regulatory text at the end of this document.
    13. Methomyl. In the Federal Register notice of October 24, 2007 
(72 FR 60364) (FRL-8153-3), EPA published a notice of receipt of 
voluntary requests for amendments by registrants to delete the grape 
use in methomyl registrations. In the Federal Register notice of 
December 8, 2010 (75 FR 76456) (FRL-8855-6), EPA issued a cancellation 
order granting the requested amendments to terminate use and permitted 
the registrant to sell and distribute existing stocks of the affected 
products containing methomyl for 18 months after the date of the 
cancellation order; i.e., until June 8, 2012. Persons other than the 
registrant are permitted to sell, distribute, and/or use existing 
stocks of products whose labels include the deleted uses until supplies 
are exhausted, provided that the use complies with the EPA approved 
label and labeling of the affected products.
    EPA believes that existing stocks will be exhausted by June 8, 
2013. Therefore, EPA is proposing to revoke the tolerance for methomyl 
in 40 CFR 180.253(a) on grape with an expiration/revocation date of 
June 8, 2013.
    In order to describe more clearly the measurement of residues for 
tolerances and coverage of metabolites and degradates of a pesticide by 
the tolerances, EPA is proposing to revise the tolerance expressions 
for methomyl in 40 CFR 180.253(a) and (c) to read as set out in the 
proposed regulatory text at the end of this document.
    Also, in order to conform to current Agency practice, EPA is 
proposing in 40 CFR 180.253(a) to revise the commodity terminology for 
``cucurbits'' to ``vegetable, cucurbit, group 9;'' ``orange, sweet'' to 
``orange;'' ``pepper'' to ``pepper, bell'' and ``pepper, nonbell;'' 
``sorghum, forage'' to ``sorghum, grain, forage;'' ``sorghum, grain'' 
to ``sorghum, grain, grain;'' ``soybean'' to ``soybean, seed;'' 
``vegetable, fruiting'' to ``vegetable, fruiting, group 8;'' and 
``vegetable, root'' to ``vegetable, root and tuber, group 1;'' and to 
remove the ``(N)'' designation, which means negligible residues, 
wherever it appears in 40 CFR 180.253(a).
    14. Metolachlor. In the Federal Register of September 17, 2008 (73 
FR 53732) (FRL-8375-2), EPA finalized tolerance actions for specific 
active ingredients including metolachlor, for which the Agency 
completed a number of actions, including decreasing tolerance levels in 
40 CFR 180.368(a)(1) on corn fodder and forage to 6.0 parts per million 
(ppm) and revising the commodity terminology of the tolerances on corn, 
grain to corn, field, grain; and corn, fodder to corn, field, stover 
and corn, sweet, stover. However, the Agency inadvertently omitted 
corn, pop, grain (previously covered by corn, grain) and corn, pop, 
stover (previously covered by corn, fodder) as part of the commodity 
terminology revisions for metolachlor in the final rule. Nor did the 
Agency include the popcorn tolerances for metolachlor in the Federal 
Register of August 8, 2007 (72 FR 44439) (FRL-8138-8) for the proposed 
rule. To remedy this inadvertent error and to cover existing popcorn 
registrations for metolachlor, the Agency proposes to correct the 
revisions and reinstate the tolerances in 40 CFR 180.368(a)(1) for 
corn, pop, grain at 0.10 ppm and corn, pop, stover at 6.0 ppm.
    15. Naled. On February 5, 1998 (63 FR 5907)(FRL-5743-9), EPA 
published a proposed rule in the Federal Register concerning a number 
of pesticide active ingredients and proposed tolerance actions, 
including the proposed revocation of the lettuce tolerance for naled in 
40 CFR 180.215 because there were no active registrations for use of 
naled on lettuce in the United States, and therefore the tolerance was 
no longer needed. However, during the public comment period and as 
described in the final rule published in the Federal Register on 
October 26, 1998 (63 FR 57067) (FRL-6035-6), EPA received comment from 
Valent USA Corporation, on behalf of Amvac Chemical Corporation, and 
the Canadian Horticultural Council (CHC). Consequently, EPA did not 
revoke the naled tolerance on lettuce at that time. Amvac requested 
that the lettuce tolerance be retained for import purposes and that it 
would support that import tolerance. However, recently, Amvac notified 
the Agency that it was no longer interested in supporting the lettuce 
tolerance for import purposes. The CHC stated that revocation of the 
lettuce tolerance would create a barrier to Canadian exports and 
requested that tolerances be maintained until pesticide alternatives 
were available to producers in Canada. EPA believes that there is no 
longer a need for the naled tolerance on lettuce. Possible alternative 
insecticides such as chlorantraniliprole, spinetoram, spinosad, 
permethrin, acetamiprid, imidacloprid, lambda-cyhalothrin,

[[Page 27168]]

tebufenozide, and thiamethoxam have both Canadian MRLs and U.S. 
tolerances on lettuce, crop subgroup 4A (including lettuce), or 
vegetable, leafy, except brassica, group 4, where a U.S. tolerance is 
at or exceeds the level of the corresponding Canadian MRL for the 
pesticide. Therefore, EPA is proposing to revoke the naled tolerance in 
40 CFR 180.215(a)(1) on lettuce.
    16. Orthoarsenic acid. Because the sole tolerance for the defoliant 
orthoarsenic acid expired on July 1, 1995, EPA is proposing to remove 
it from 40 CFR 180.180, and remove that section in its entirety.
    17. Phosphamidon. Because the sole tolerance for the insecticide 
phosphamidon expired on December 31, 2002, EPA is proposing to remove 
it from 40 CFR 180.239, and remove that section in its entirety.
    18. Pine oil. Because there have been no active registrations in 
the United States for more than 10 years regarding the use of pine oil 
in honey and honeycomb, the exemption from the requirement of a 
tolerance for pine oil (also known as 1-methyl-4-isopropyl-1-cyclo-
hexen-8-ol) residues in or on honey and honeycomb, when present as a 
result of its use as a deodorant at no more than 12 percent in 
formulation with the bee repellent butanoic anhydride applied in an 
absorbent pad over the hive, is no longer needed and therefore should 
be revoked. The revocation of the tolerance exemption is consistent 
with the recommendation in the pine oil RED of 2006. Consequently, EPA 
is proposing to revoke the tolerance exemption for pine oil in 40 CFR 
180.1035 on honey and honeycomb.
    19. Primisulfuron-methyl. Because there have been no active 
registrations for use of primisulfuron-methyl on sweet corn for more 
than 10 years and, for at least 10 years, active registrations have 
shown a label prohibition of its use on sweet corn, the tolerances on 
sweet corn are no longer needed. Therefore, EPA is proposing to revoke 
the tolerances in 40 CFR 180.452 on corn, sweet, forage and corn, 
sweet, stover.
    20. Rotenone. In the Federal Register of July 28, 2010 (75 FR 
44256) (FRL-8831-7), February 3, 2010 (75 FR 5643) (FRL-8807-6) and 
January 26, 2010 (75 FR 4072) (FRL-8808-2), EPA announced its receipt 
of requests for voluntary cancellation of certain pesticide 
registrations, including ones for rotenone (and other associated cube 
root resins) with agricultural uses, and provided public comment 
periods. In the Federal Register of March 23, 2011 (76 FR 16415) (FRL-
8865-9), August 11, 2010 (75 FR 48669) (FRL-8839-9) and May 11, 2010 
(75 FR 26227) (FRL-8822-4), EPA published cancellation orders in 
follow-up to the July 28, 2010, January 26, 2010 and February 3, 2010 
Notice of Receipt of Requests, respectively. The cancellation order of 
March 23, 2010 allowed registrants to sell and distribute existing 
stocks until May 2011 and persons other than the registrants to sell, 
distribute, or use existing stocks until May 2011. The cancellation 
order of August 11, 2010 allowed registrants to sell and distribute 
existing stocks until August 11, 2011 and persons other than the 
registrants to sell, distribute, or use existing stocks until 
exhaustion. The cancellation order of May 11, 2010 allowed registrants 
to sell and distribute existing stocks until May 11, 2011 and persons 
other than the registrants to sell, distribute, or use existing stocks 
until exhaustion. EPA believes that existing stocks will be exhausted 
by August 11, 2012. Therefore, in 40 CFR 180.905, EPA is proposing to 
redesignate existing paragraph (b) as new paragraph (c) and recodify 
the tolerance exemptions for rotenone or derris or cube roots from 
existing paragraph (a) into newly designated paragraph (b) with 
expiration/revocation dates of August 11, 2012.
    21. Tralomethrin. In the Federal Register of May 4, 2011 (76 FR 
25334) (FRL-8870-5), November 17, 2010 (75 FR 70256) (FRL-8850-1), and 
November 10, 2010 (75 FR 69073) (FRL-8851-5), EPA announced its receipt 
of requests for voluntary cancellation of certain pesticide 
registrations, including ones for tralomethrin associated with 
agricultural and food/feed handling establishment uses, and provided 
public comment periods. In the Federal Register of July 8, 2011 (76 FR 
40359) (FRL-8878-7) and February 25, 2011 (76 FR 10587) (FRL-8863-4), 
EPA published cancellation orders in follow-up to the May 4, 2011, and 
the November 17, 2010 and November 10, 2010 Notice of Receipt of 
Requests, respectively. The cancellation order of February 25, 2011 
allowed registrants to sell and distribute existing stocks until 
February 25, 2012 and persons other than the registrants to sell, 
distribute, or use existing stocks until exhaustion. The cancellation 
order of July 8, 2011 allowed registrants to sell and distribute 
existing stocks until July 9, 2012 and persons other than the 
registrants to sell, distribute, or use existing stocks until 
exhaustion. EPA believes that existing stocks will be exhausted by July 
9, 2013. Therefore, EPA is proposing to revoke tralomethrin tolerances 
in 40 CFR 180.422(a)(1) on broccoli; cotton, undelinted seed; cotton, 
oil; lettuce, head; lettuce, leaf; soybean; and sunflower, seed; each 
with an expiration/revocation date of July 9, 2013. Also, in order to 
conform to current Agency practice, EPA is proposing in 40 CFR 
180.422(a)(1) to revise the commodity terminology for ``soybean'' to 
read ``soybean, seed.''
    Also, EPA is proposing to revoke the tralomethrin tolerance in 40 
CFR 180.422(a)(2) on food commodities (other than those covered by a 
higher tolerance as a result of use on growing crops) in food-handling 
establishments at 0.02 ppm with an expiration/revocation date of July 
9, 2013.
    In addition, EPA is proposing to revoke the tralomethrin tolerance 
in 40 CFR 180.422(a)(3) on feed commodities (other than those covered 
by a higher tolerance as a result of use on growing crops) in feed-
handling establishments at 0.02 ppm with an expiration/revocation date 
of July 9, 2013.
    In order to describe more clearly the measurement of residues for 
tolerances and coverage of metabolites and degradates of a pesticide by 
the tolerances, EPA is proposing to revise the tolerance expressions 
for tralomethrin in 40 CFR 180.422(a)(1), (a)(2), and (a)(3) to read as 
set out in the proposed regulatory text at the end of this document.
    22. Triazamate. Because the sole tolerance for triazamate expired 
on December 31, 2001, EPA is proposing to remove it from 40 CFR 
180.536, and remove that section in its entirety.
    23. Ziram. In the Federal Register notice of December 1, 2010 (75 
FR 74714) (FRL-8854-3), EPA published a notice of receipt of voluntary 
requests for amendments by registrants to delete certain uses, 
including the last blackberry uses in ziram registrations. In the 
Federal Register notice of May 11, 2011 (76 FR 27317) (FRL-8871-2), EPA 
issued a cancellation order, which included granting the requested 
amendments to terminate the last ziram registrations for blackberry use 
and permitted the registrant to sell and distribute existing stocks of 
the affected products containing ziram for 12 months after the date of 
the cancellation order; i.e., until May 11, 2012. Persons other than 
the registrants are permitted to sell, distribute, and/or use existing 
stocks of products whose labels include the deleted uses until supplies 
are exhausted, provided that the use complies with the EPA approved 
label and labeling of the affected products.
    EPA believes that existing stocks are likely to be exhausted by May 
11, 2013. Therefore, EPA is proposing to revoke the tolerance for ziram 
in 40 CFR 180.116(a) on blackberry with an

[[Page 27169]]

expiration/revocation date of May 11, 2013.

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 FFDCA section 402(a), 21 U.S.C. 342(a). Such food 
may not be distributed in interstate commerce (21 U.S.C. 331(a)). For a 
food-use 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 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 FFDCA section 408, 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 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 proposes that these regulations become effective on the date of 
publication of the final rule in the Federal Register. With the 
exception of certain tolerances for butylate, dicofol, methanearsonic 
acid (and salts), methomyl, tralomethrin, and ziram, and tolerance 
exemptions for rotenone, derris, and cube roots for which EPA is 
proposing specific expiration/revocation dates, the Agency is proposing 
that these tolerance revocations and reinstatements, and revisions of 
tolerance nomenclatures and tolerance expressions become final on the 
date of publication of the final rule in the Federal Register. With the 
exception of the specific tolerances for which EPA is proposing 
expiration/revocation dates, the Agency believes that existing stocks 
of pesticide products labeled for the uses associated with the 
tolerances proposed for revocation have been completely exhausted and 
that treated commodities have cleared the channels of trade. EPA is 
proposing an expiration/revocation date of March 23, 2013 for all of 
the tolerances for butylate, October 31, 2016 for all of the tolerances 
for dicofol, December 31, 2012 for the methanearsonic acid tolerance on 
fruit, citrus, June 8, 2013 for the methomyl tolerance on grape, July 
9, 2013 for all of the tolerances for tralomethrin, May 11, 2013 for 
the ziram tolerance on blackberry, and August 11, 2012 for the 
tolerance exemptions for rotenone (or derris or cube roots). The Agency 
believes that these revocation dates allow users to exhaust stocks and 
allows sufficient time for passage of treated commodities through the 
channels of trade. However, if EPA is presented with information that 
existing stocks would still be available and that information is 
verified, the Agency will consider extending the expiration date of the 
tolerance. If you have comments regarding existing stocks and whether 
the effective date allows sufficient time for treated commodities to 
clear the channels of trade, 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 United Nations 
Food and Agriculture

[[Page 27170]]

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 butylate, isopropyl 
carbanilate (also called propham), methanearsonic acid (and salts), 
metolachlor, naled, pine oil, primisulfuron-methyl, rotenone (or derris 
or cube roots), tralomethrin, clethodim in or on soybean soapstock, or 
for dichlorvos on tomato.
    The Codex has not established a MRL for ziram per se, but has MRLs 
for total dithiocarbamates (which includes the dithiocarbamate ziram), 
determined as carbon disulfide. However, there is no MRL for total 
dithiocarbamates in or on blackberry.
    The Codex has established a MRL for methomyl in or on grapes at 5 
milligrams/kilogram (mg/kg). This MRL is the same as the tolerance 
established for methomyl on grapes in the United States.
    The Codex has established MRLs for dicofol in or on cattle meat at 
3 mg/kg, eggs at 0.05 mg/kg, poultry meat and cottonseed at 0.1 mg/kg, 
and cherries at 5 mg/kg. These MRLs and some others are the same as the 
tolerances established for dicofol in the United States.
    The Codex has established MRLs for dicofol in or on various other 
commodities, including beans, dry at 0.1 mg/kg, citrus fruits at 5 mg/
kg, hops, dry at 50 mg/kg, melons, except watermelon at 0.2 mg/kg, 
pecans and walnuts at 0.01 mg/kg, and peppers, summer squash, and 
tomato at 1 mg/kg. These MRLs are all covered by U.S. tolerances at 
higher levels. These MRLs are different than the tolerances established 
for dicofol 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 revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted this type of action (e.g., 
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 
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 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 on December 17, 1997 (62 FR 
66020) (FRL-5753-1), and was 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 pesticides 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 FFDCA section 408(n)(4). 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

[[Page 27171]]

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: April 27, 2012.
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. Section 180.116 is amended by revising the table in paragraph 
(a) to read as follows:

Sec.  [emsp14]180.116  Ziram; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per   revocation
                                                  million       date
------------------------------------------------------------------------
Almond.........................................    \1\ 0.1          None
Apple..........................................    \1\ 7.0          None
Apricot........................................    \1\ 7.0          None
Blackberry.....................................    \1\ 7.0       5/11/13
Blueberry......................................    \1\ 7.0          None
Cherry, sweet..................................    \1\ 7.0          None
Cherry, tart...................................    \1\ 7.0          None
Grape..........................................        7.0          None
Huckleberry....................................        7.0          None
Peach..........................................        7.0          None
Pear...........................................    \1\ 7.0          None
Pecan..........................................        0.1          None
Quince.........................................    \1\ 7.0          None
Strawberry.....................................        7.0          None
Tomato.........................................    \1\ 7.0          None
------------------------------------------------------------------------

* * * * *

Sec. Sec.  180.133 and 180.144  [Removed]

    3. Sections 180.133 and 180.144 are removed.
    4. Section 180.163 is amended by revising the section heading and 
paragraph (a) to read as follows:

Sec.  [emsp14]180.163  Dicofol; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
insecticide dicofol, 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 dicofol as the sum of its p,p-dicofol and o,p-dicofol 
isomers: 4-chloro-[alpha]-(4-chlorophenyl)-[alpha]-
(trichloromethyl)benzenemethanol and 2-chloro-[alpha]-(4-chlorophenyl)-
[alpha]-(trichloromethyl)benzenemethanol, in or on the commodity.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per   revocation
                                                  million       date
------------------------------------------------------------------------
Apple, wet pomace..............................       38.0      10/31/16
Bean, dry, seed................................        0.5      10/31/16
Bean, succulent................................        3.0      10/31/16
Butternut......................................        0.1      10/31/16
Caneberry subgroup 13A.........................        5.0      10/31/16
Chestnut.......................................        0.1      10/31/16
Citrus, dried pulp.............................       12.0      10/31/16
Citrus oil.....................................      200.0      10/31/16
Cotton, refined oil............................        0.5      10/31/16
Cotton, undelinted seed........................        0.1      10/31/16
Fruit, citrus, group 10........................        6.0      10/31/16
Fruit, pome, group 11..........................       10.0      10/31/16
Fruit, stone, group 12.........................        5.0      10/31/16
Grape..........................................        5.0      10/31/16
Grape, raisin..................................       20.0      10/31/16
Hazelnut.......................................        0.1      10/31/16
Hop, dried cones...............................       65.0      10/31/16
Nut, hickory...................................        0.1      10/31/16
Nut, macadamia.................................        0.1      10/31/16
Pecan..........................................        0.1      10/31/16
Peppermint, oil................................       30.0      10/31/16
Peppermint, tops...............................       25.0      10/31/16
Spearmint, oil.................................       30.0      10/31/16
Spearmint, tops................................       25.0      10/31/16
Strawberry.....................................       10.0      10/31/16
Tea, dried.....................................       50.0      10/31/16
Tea, plucked leaves............................       30.0      10/31/16
Vegetable, cucurbit, group 9...................        2.0      10/31/16
Vegetable, fruiting, group 8...................        2.0      10/31/16
Walnut.........................................        0.1      10/31/16
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the insecticide 
dicofol, 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 p,p-dicofol, 4-chloro-[alpha]-(4-
chlorophenyl)-[alpha]-(trichloromethyl)benzenemethanol, its isomer o,p-
dicofol, 2-chloro-[alpha]-(4-chlorophenyl)-[alpha]-
(trichloromethyl)benzenemethanol, and its metabolites 4-chloro-[alpha]-
(4-chlorophenyl)-[alpha]-(dichloromethyl)benzenemethanol and 2-chloro-
[alpha]-(4-chlorophenyl)-[alpha]-(dichloromethyl)benzenemethanol, 
calculated as the stoichiometric equivalent of p,p-dicofol, 4-chloro-
[alpha]-(4-chlorophenyl)-[alpha]-(trichloromethyl)benzenemethanol, in 
or on the commodity.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per   revocation
                                                  million       date
------------------------------------------------------------------------
Cattle, fat....................................      50.0       10/31/16
Cattle, liver..................................       5.0       10/31/16
Cattle, meat...................................       3.0       10/31/16
Cattle, meat byproducts, except liver..........       3.0       10/31/16
Egg............................................       0.05      10/31/16
Goat, fat......................................      50.0       10/31/16
Goat, liver....................................       5.0       10/31/16
Goat, meat.....................................       3.0       10/31/16
Goat, meat byproducts, except liver............       3.0       10/31/16
Hog, fat.......................................      50.0       10/31/16
Hog, liver.....................................       5.0       10/31/16
Hog, meat......................................       3.0       10/31/16
Hog, meat byproducts, except liver.............       3.0       10/31/16
Horse, fat.....................................      50.0       10/31/16
Horse, liver...................................       5.0       10/31/16
Horse, meat....................................       3.0       10/31/16
Horse, meat byproducts, except liver...........       3.0       10/31/16
Milk, fat (reflecting 0.75 ppm in whole milk)..      22.0       10/31/16
Poultry, fat...................................       0.1       10/31/16
Poultry, meat..................................       0.1       10/31/16
Poultry, meat byproducts.......................       0.1       10/31/16
Sheep, fat.....................................      50.0       10/31/16
Sheep, liver...................................       5.0       10/31/16
Sheep, meat....................................       3.0       10/31/16
Sheep, meat byproducts, except liver...........       3.0       10/31/16
------------------------------------------------------------------------

* * * * *

Sec. Sec.  180.173, 180.180, and 180.214  [Removed]

    5. Sections 180.173, 180.180, and 180.214 are removed.

Sec.  180.215  [Amended]

    6. Section 180.215 is amended by removing the entry for ``lettuce'' 
from the table in paragraph (a)(1).

Sec.  180.221  [Removed]

    7. Section 180.221 is removed.
    8. Section 180.232 is amended by revising the table in paragraph 
(a) to read as follows:

Sec.  [emsp14]180.232  Butylate; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per   revocation
                                                  million       date
------------------------------------------------------------------------
Corn, field, forage............................        0.1       3/23/13
Corn, field, grain.............................        0.1       3/23/13
Corn, field, stover............................        0.1       3/23/13
Corn, pop, grain...............................        0.1       3/23/13
Corn, pop, stover..............................        0.1       3/23/13

[[Page 27172]]

 
Corn, sweet, forage............................        0.1       3/23/13
Corn, sweet, kernel plus cob with husks removed        0.1       3/23/13
------------------------------------------------------------------------

* * * * *

Sec.  180.235  [Amended]

    9. Section 180.235 is amended by removing the entry for ``tomato, 
postharvest (residues expressed as naled)'' from the table in paragraph 
(a)(1).

Sec.  180.239  [Removed]

    10. Section 180.239 is removed.
    11. Section 180.253 is amended by revising paragraphs (a) and (c) 
to read as follows:

Sec.  180.253  Methomyl; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide methomyl, 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 methomyl, methyl N-
[[(methylamino)carbonyl]oxy]ethanimidothioate, in or on the commodity.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per   revocation
                                                  million       date
------------------------------------------------------------------------
Alfalfa, forage...............................        10            None
Alfalfa, hay..................................        10            None
Apple.........................................         1            None
Asparagus.....................................         2            None
Avocado.......................................         2            None
Barley, grain.................................         1            None
Barley, hay...................................        10            None
Barley, straw.................................        10            None
Bean, dry, seed...............................         0.1          None
Bean, forage..................................        10            None
Bean, succulent...............................         2            None
Beet, garden, tops............................         6            None
Bermudagrass, forage..........................        10            None
Bermudagrass, hay.............................        40            None
Blueberry.....................................         6            None
Broccoli......................................         3            None
Brussels sprouts..............................         2            None
Cabbage.......................................         5            None
Cabbage, Chinese, bok choy....................         5            None
Cabbage, Chinese, napa........................         5            None
Cauliflower...................................         2            None
Celery........................................         3            None
Collards......................................         6            None
Corn, field, forage...........................        10            None
Corn, field, grain............................         0.1          None
Corn, field, stover...........................        10            None
Corn, pop, grain..............................         0.1          None
Corn, pop, stover.............................        10            None
Corn, sweet, forage...........................        10            None
Corn, sweet, kernel plus cob with husks                0.1          None
 removed......................................
Corn, sweet, stover...........................        10            None
Cotton, undelinted seed.......................         0.1          None
Dandelion, leaves.............................         6            None
Endive........................................         5            None
Grape.........................................         5          6/8/13
Grapefruit....................................         2            None
Hop, dried cones \1\..........................        12            None
Kale..........................................         6            None
Lemon.........................................         2            None
Lentil, seed..................................         0.1          None
Lettuce.......................................         5            None
Mustard greens................................         6            None
Nectarine.....................................         5            None
Oat, forage...................................        10            None
Oat, grain....................................         1            None
Oat, hay......................................        10            None
Oat, straw....................................        10            None
Onion, green..................................         3            None
Orange........................................         2            None
Parsley, leaves...............................         6            None
Pea...........................................         5            None
Pea, field, vines.............................        10            None
Peach.........................................         5            None
Peanut........................................         0.1          None
Pecan.........................................         0.1          None
Pepper, bell..................................         2            None
Pepper, nonbell...............................         2            None
Peppermint, tops..............................         2            None
Pomegranate...................................         0.2          None
Rye, forage...................................        10            None
Rye, grain....................................         1            None
Rye, straw....................................        10            None
Sorghum, grain, forage........................         1            None
Sorghum, grain, grain.........................         0.2          None
Soybean, forage...............................        10            None
Soybean, seed.................................         0.2          None
Spearmint, tops...............................         2            None
Spinach.......................................         6            None
Swiss chard...................................         6            None
Tangerine.....................................         2            None
Tomato........................................         1            None
Turnip, greens................................         6            None
Vegetable, brassica, leafy, group 5...........         6.0          None
Vegetable, cucurbit, group 9..................         0.2          None
Vegetable, fruiting, group 8..................         0.2          None
Vegetables, leafy \1\.........................         0.2          None
Vegetable, root and tuber, group 1............         0.2          None
Wheat, forage.................................        10            None
Wheat, grain..................................         1            None
Wheat, hay....................................        10            None
Wheat, straw..................................        10            None
------------------------------------------------------------------------
\1\ [exc. Beet (tops), broccoli, Brussels sprouts, cabbage, cabbage,
  Chinese, cauliflower, celery, collards, dandelions, endive (escarole),
  kale, lettuce, mustard greens, parsley, spinach, Swiss chard, turnip,
  greens (tops), and watercress].
\2\ There are no U.S. registrations for use of methomyl on hop, dried
  cone, as of February 14, 1990.

* * * * *
    (c) Tolerances with regional registrations. A tolerance with 
regional registration, as defined in Sec.  180.1(l), is established for 
residues of the insecticide methomyl, 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 methomyl, methyl N-
[[(methylamino)carbonyl]oxy]eth animidothioate, in or on the commodity.
* * * * *
    12. Section 180.289 is amended by revising paragraph (a) to read as 
follows:

Sec.  [emsp14]180.289  Methanearsonic acid; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
herbicide methanearsonic acid, 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 methanearsonic acid, from application 
of the disodium and monosodium salts of methanearsonic acid, calculated 
as the stoichiometric equivalent of As2O3, in or 
on the commodity.

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                     Parts per   revocation
                                                  million       date
------------------------------------------------------------------------
Cotton, undelinted seed.......................        0.7           None
Cotton, hulls.................................        0.9           None
Fruit, citrus.................................        0.35      12/31/12
------------------------------------------------------------------------

* * * * *

[[Page 27173]]

    13. Section 180.319 is revised to read as follows:

Sec.  [emsp14]180.319  Interim tolerances.

    (a) General. While petitions for tolerances for negligible residues 
are pending and until action is completed on these petitions, interim 
tolerances are established for residues of the listed pesticide 
chemicals in or on the following raw agricultural commodities:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                             Expiration/
                   Substances                                 Uses                 Tolerance in parts per      Raw agricultural commodity    revocation
                                                                                           million                                              date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coordination product of zinc ion and maneb......  Fungicide...................  1.0 (Calculated as zinc       Potato......................          None
                                                                                 ethylene-bisdithio-
                                                                                 carbamate).
Endothall (7-oxabicyclo-(2,2,1)heptane 2,3-       Herbicide...................  0.2.........................  Beet, sugar.................          None
 dicarboxylic acid.
Methyl parathion................................  Herbicide...................  0.5.........................  Rye.........................      12/31/13
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    14. Section 180.368 is amended by alphabetically adding the 
following commodities to the table in paragraph (a)(1) to read as 
follows:

Sec.  [emsp14]180.368  Metolachlor; tolerances for residues.

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

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Corn, pop, grain............................................        0.10
Corn, pop, stover...........................................        6.0
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
    15. Section 180.422 is amended by revising paragraph (a) to read as 
follows:

Sec.  [emsp14]180.422  Tralomethrin; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
insecticide tralomethrin, 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 tralomethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3S)-2,2-dimethyl-3-(1,2,2,2-
tetrabromoethyl)cyclopropanecarboxylate, and its metabolites (S)-
cyano(3-phenoxyphenyl)methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-cyano(3-phenoxyphenyl)methyl 
(1S,3R)-3-(2,2-dibromoethenyl)-2,2-dimethylcyclopropanecarboxylate, 
calculated as the stoichiometric equivalent of tralomethrin, in or on 
the commodity.

------------------------------------------------------------------------
                                                            Expiration/
                  Commodity                    Parts per    revocation
                                                million        date
------------------------------------------------------------------------
Broccoli.....................................       0.5           7/9/13
Cotton, undelinted seed......................       0.02          7/9/13
Cotton, oil..................................       0.20          7/9/13
Lettuce, head................................       1.00          7/9/13
Lettuce, leaf................................       3.00          7/9/13
Soybean, seed................................       0.05          7/9/13
Sunflower, seed..............................       0.05          7/9/13
------------------------------------------------------------------------

    (2) A tolerance of 0.02 part per million with an expiration/
revocation date of July 9, 2013 is established for residues of the 
insecticide tralomethrin, including its metabolites and degradates, in 
or on food commodities (other than those covered by a higher tolerance 
as a result of use on growing crops) in food-handling establishments. 
Compliance with the tolerance level specified in this paragraph is to 
be determined by measuring only the sum of tralomethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3S)-2,2-dimethyl-3-(1,2,2,2-tetrabromoethyl) 
cyclopropanecarboxylate, and its metabolites (S)-cyano(3-phenoxyphenyl) 
methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-cyano(3-phenoxyphenyl)methyl 
(1S,3R)-3-(2,2-dibromoethenyl)-2,2-dimethylcyclopropanecarboxylate, 
calculated as the stoichiometric equivalent of tralomethrin, in or on 
the commodity.
    (i) The insecticide may be present as a residue from application of 
tralomethrin in food-handling establishments, including food service, 
manufacturing, and processing establishments, such as restaurants, 
cafeterias, supermarkets, bakeries, breweries, dairies, meat 
slaughtering and packing plants, and canneries.
    (ii) The application shall be made in accordance with the following 
prescribed conditions: Application shall be limited to a general 
surface and spot and/or crack and crevice treatment in food-handling 
establishments where food and food products are held, processed, 
prepared, and served. General surface application may be used only when 
the facility is not in operation provided exposed food has been covered 
or removed from the area being treated. All food-contact surfaces and 
equipment must be thoroughly cleaned after general surface 
applications. Spot and/or crack and crevice application may be used 
while the facility is in operation provided exposed food 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. Contamination of food and food-contact surfaces shall be 
avoided.
    (3) A tolerance of 0.02 part per million with an expiration/
revocation date of July 9, 2013 is established for residues of the 
insecticide tralomethrin, including its metabolites and degradates, in 
or on feed commodities (other than those covered by a higher tolerance 
as a result of use on growing crops) in feed-handling establishments. 
Compliance with the tolerance level specified in this paragraph is to 
be determined by measuring only the sum of tralomethrin, (S)-cyano(3-
phenoxyphenyl)methyl (1R,3S)-2,2-dimethyl-3-(1,2,2,2-tetrabromoethyl) 
cyclopropanecarboxylate, and its metabolites (S)-cyano(3-
phenoxyphenyl)methyl (1R,3R)-3-(2,2-dibromoethenyl)-2,2-
dimethylcyclopropanecarboxylate and (S)-cyano(3-phenoxyphenyl)methyl 
(1S,3R)-3-(2,2-dibromoethenyl)-2,2-dimethylcyclopropanecarboxylate, 
calculated as the stoichiometric equivalent of tralomethrin, in or on 
the commodity.
    (i) The insecticide may be present as a residue from application of 
tralomethrin in feed-handling establishments, including feed

[[Page 27174]]

manufacturing and processing establishments.
    (ii) The application shall be made in accordance with the following 
prescribed conditions: Application shall be limited to a general 
surface and spot and/or crack and crevice treatment in feed-handling 
establishments where feed and feed products are held or processed. 
General surface application may be used only when the facility is not 
in operation provided exposed feed has been covered or removed from the 
area being treated. All feed-contact surfaces and equipment must be 
thoroughly cleaned after general surface applications. Spot and/or 
crack and crevice application may be used while the facility is in 
operation provided exposed 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. Contamination 
of feed and feed-contact surfaces shall be avoided.
* * * * *

Sec.  180.452  [Amended]

    16. Section 180.452 is amended by removing the entries for ``corn, 
sweet, forage'' and ``corn, sweet, stover'' from the table in paragraph 
(a).

Sec.  180.458  [Amended]

    17. Section 180.458 is amended by removing the entry for ``soybean, 
soapstock'' from the table in paragraph (a).

Sec. Sec.  180.536 and 180.550  [Removed]

    18. Sections 180.536 and 180.550 are removed.
    19. Section 180.905 is revised to read as follows:

Sec.  [emsp14]180.905  Pesticide chemicals; exemptions from the 
requirement of a tolerance.

    (a) When applied to growing crops, in accordance with good 
agricultural practice, the following pesticide chemicals are exempt 
from the requirement of a tolerance:
    (1) Petroleum oils.
    (2) Piperonyl butoxide.
    (3) Pyrethrins.
    (4) Sabadilla.
    (b) When applied to growing crops, in accordance with good 
agricultural practice, the pesticides rotenone or derris or cube roots 
are exempt from the requirement of a tolerance until their tolerance 
exemptions expire on August 11, 2012.
    (c) These pesticides are not exempted from the requirement of a 
tolerance when applied to a crop at the time of or after harvest.

Sec.  180.1035  [Removed]

    20. Section 180.1035 is removed.

[FR Doc. 2012-11063 Filed 5-8-12; 8:45 am]
BILLING CODE 6560-50-P
```