44184 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 

Guideline Requirement Number Study Title Timeframe for protocol submission Timeframe for data submission 

860.1500 Crop Field Trials (broccoli, cabbage, cauliflower, celery, 

grapes, lettuce, peas, peppers, 

spinach, strawberries, summer 

squash, and tomatoes) 

Not Required 24 months 

860.1520 Processing studies (tomatoes) Not Required 24 months 

870.6300 Comparative Cholinesterase 

Assay 

6 months 12 months 

870.7800 Immunotoxicity Study 6 months 12 months 

D. Failure to Submit 

If the Agency does not receive a 

§408(f) Response Form identifying a 

person who agrees to submit the 

required data within 90 days after 

publication of the final order, EPA will 

proceed to revoke the mevinphos 

tolerances at 40 CFR 180.157. Such 

revocation order is subject to the 

objection and hearing procedure in 

FFDCA section 408(g)(2) but the only 

material issue in such a procedure is 

whether a submission required by the 

order was made in a timely fashion. 

Additional events that may be the 

basis for modification or revocation of 

mevinphos tolerances include, but are 

not limited to the following: 

1. No person submits on the required 

schedule an acceptable proposal or final 

protocol when such is required to be 

submitted to the Agency for review. 

2. No person submits on the required 

schedule an adequate progress report on 

a study as required by the order. 

3. No person submits on the required 

schedule acceptable data as required by 

the final order. 

4. No person submits supportable 

certifications as to the conditions of 

submitted data, where required by order 

and where no other cited or submitted 

study meets the data requirements the 

study was intended to fulfill. 

V. Statutory and Executive Order 

Reviews 

As required by statute, this proposal 

to require submission of data in support 

of tolerances is in the form of an order 

and not a rule. (21 U.S.C. 346a(f)(1)(C)). 

Under the Administrative Procedures 

Act, orders are expressly excluded from 

the definition of a rule. (5 U.S.C. 

551(4)). Accordingly, the regulatory 

assessment requirements imposed on 

rulemaking do not, therefore, apply to 

this action. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 22, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–18541 Filed 7–27–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0490; FRL–8834–1] 

Aluminum tris(O-ethylphosphonate), 

Butylate, Chlorethoxyfos, Clethodim, 

et al.; Proposed Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In accordance with current 

Agency practice to describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing 

minor revisions to tolerance expressions 

for a number of pesticide active 

ingredients, including the insecticides 

chlorethoxyfos, clofentezine, 

cyromazine, etofenprox, fenbutatinoxide, fosthiazate, propetamphos, and 

tebufenozide; the fungicides aluminum 

tris(O-ethylphosphonate) and fenarimol; 

the herbicides butylate, clethodim, 

clomazone, fenoxaprop-ethyl, 

flumetsulam, flumiclorac pentyl, 

fluridone, fomesafen, glufosinate 

ammonium, lactofen, propyzamide, 

quinclorac, and pyridate; and the 

fungicide/bactericide oxytetracycline. 

Also, EPA is proposing to revoke the 

tolerances for aluminum tris(Oethylphosphonate) on pineapple fodder 

and forage because they are not 

considered to be significant livestock 

feed items, and revise specific tolerance 

nomenclatures for aluminum tris(Oethylphosphonate), clethodim, 

flumetsulam, and fluridone. In addition, 

EPA will be removing several expired 

tolerances for aluminum tris(Oethylphosphonate), etofenprox, 

propyzamide, and tebufenozide. 

DATES: Comments must be received on 

or before September 27, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0490, 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–2010– 

0490. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available oN-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 


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Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 44185 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave, NW., 

Washington, DC 20460–0001; telephone 

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

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

Unit II.A. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

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 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? 

In accordance with current Agency 

practice to describe more clearly the 

measurement and scope or coverage of 

tolerances, including applicable 

metabolites and degradates, EPA is 

proposing minor revisions to tolerance 

expressions for a number of pesticide 

active ingredients, including the 

insecticides chlorethoxyfos, 

clofentezine, cyromazine, etofenprox, 

fenbutatin-oxide, fosthiazate, 

propetamphos, and tebufenozide; the 

fungicides aluminum tris(Oethylphosphonate) and fenarimol; the 

herbicides butylate, clethodim, 

clomazone, fenoxaprop-ethyl, 

flumetsulam, flumiclorac pentyl, 

fluridone, fomesafen, glufosinate 

ammonium, lactofen, propyzamide, 

quinclorac, and pyridate; and the 

fungicide/bactericide oxytetracycline. 

Also, EPA is proposing to revoke the 

tolerances for aluminum tris(OVerDate Mar<15>2010 15:46 Jul 27, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\28JYP1.SGM 28JYP1

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44186 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 

ethylphosphonate) on pineapple fodder 

and forage because they are not 

considered to be significant livestock 

feed items, and therefore are no longer 

needed, and revise specific tolerance 

nomenclatures for aluminum tris(Oethylphosphonate), clethodim, 

flumetsulam, and fluridone. Additional 

minor modifications are being made for 

reasons described in the discussion 

below pertaining to specific pesticides. 

It is EPA’s general practice to propose 

revocation of those tolerances/tolerance 

exemptions for residues of pesticide 

active ingredients on crop uses for 

which there are no active registrations 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), unless any person submits 

comments on the proposal that indicate 

a need for the tolerance to cover 

residues in or on imported commodities 

or legally treated domestic commodities. 

In addition, EPA will be removing 

several expired tolerances for aluminum 

tris(O-ethylphosphonate), etofenprox, 

propyzamide, and tebufenozide. 

Certain tolerances pertaining to the 

pesticides subject to this proposal have 

expired due to previous EPA regulation 

setting expiration dates. When the 

Agency finalizes the changes proposed 

in this document, EPA will also remove 

the expired tolerances from the Code of 

Federal Regulations. The amended 

regulatory text below reflects removal of 

the tolerances. The Agency is not 

accepting comments regarding the 

expired tolerances. 

1. Aluminum tris(Oethylphosphonate). In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.415(a) to read as follows: 

Tolerances are established for residues of 

the fungicide aluminum tris(Oethylphosphonate), 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 aluminum tris(O-ethylphosphonate), in 

or on the commodity. 

Because pineapple, fodder and 

pineapple, forage are no longer 

considered by the Agency to be 

significant livestock feed items as 

delineated in ‘‘Table 1. – Raw 

Agricultural and Processed 

Commodities and Feedstuffs Derived 

from Crops,’’ which is found under 

OCSPP Harmonized Test Guidelines for 

Residue Chemistry in 860.1000 dated 

August 1996 (available at http://

www.epa.gov/ocspp/pubs/frs/ 

publications/Test_Guidelines/

series860.htm), EPA determined that 

these tolerances in 40 CFR 180.415(a) 

are no longer needed, and therefore 

should be revoked. Consequently, EPA 

is proposing to revoke the tolerances in 

40 CFR 180.415(a) on pineapple, fodder 

and pineapple, forage. 

In addition, EPA is proposing to 

revise commodity terminology to 

conform to current Agency practice in 

40 CFR 180.415(a) as follows: ‘‘fruit, 

pome’’ to ‘‘fruit, pome, group 11.’’ 

In order to describe more clearly the 

measurement and scope or coverage of 

the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.415(c) to read as follows: 

Tolerances with regional registration are 

established for residues of the fungicide 

aluminum tris(O-ethylphosphonate), 

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 aluminum 

tris(O-ethylphosphonate), in or on the 

commodity. 

2. Butylate. In order to describe more 

clearly the measurement and scope or 

coverage of the tolerances, EPA is 

proposing to revise the introductory text 

containing the tolerance expression in 

40 CFR 180.232(a) to read as follows: 

Tolerances are established for residues of 

the herbicide butylate, 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 butylate, Sethyl bis(2-methylpropyl)carbamothioate, in 

or on the commodity. 

3. Chlorethoxyfos. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the section 

heading in 40 CFR 180.486 from 

phosphorothioic acid, O,O-diethyl O- 

(1,2,2,2-tetrachloroethyl) ester to 

chlorethoxyfos, redesignate the existing 

paragraph from 40 CFR 180.486 to 

180.486(a), and revise the introductory 

text containing the tolerance expression 

in newly designated 40 CFR 180.486(a) 

to read as follows: 

Tolerances are established for residues of 

the insecticide chlorethoxyfos, 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 

chlorethoxyfos, O,O-diethyl O-(1,2,2,2-tetra

chloroethyl) phosphorothioate, in or on the 

commodity. 

In accordance with current Agency 

practice, EPA is proposing to revise 40 

CFR 180.486 by adding separate 

paragraphs (b), (c), and (d), and 

reserving those paragraphs for tolerance 

exemptions for section 18 emergency 

exemptions, tolerances with regional 

registrations, and tolerances with 

indirect or inadvertent residues, 

respectively. 

4. Clethodim. In order to harmonize 

with Codex and describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing that 

all the existing animal and plant 

tolerances for clethodim in 40 CFR 

180.458(a)(1), 180.458(a)(2), and 

180.458(a)(3) be expressed under the 

same tolerance expression in one 

paragraph, as 40 CFR 180.458(a), to read 

as follows: 

Tolerances are established for residues of 

the herbicide clethodim, 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 

clethodim, 2-[(1E)-1-[[[(2E)-3-chloro-2- 

propenyl]oxy]imino]propyl]-5-[2-(ethylthio)

propyl]-3-hydroxy-2-cyclohexen-1-one, and 

its metabolites containing the 5-(2- 

ethylthiopropyl)cyclohexene-3-one and 5-(2- 

ethylthiopropyl)-5-hydroxycyclohexene-3- 

one moieties and their sulphoxides and 

sulphones, calculated as the stoichiometric 

equivalent of clethodim, in or on the 

commodity. 

Also, EPA is proposing to revise 

commodity terminology to conform to 

current Agency practice in newly 

designated 40 CFR 180.458(a) from ‘‘flax 

seed’’ to ‘‘flax, seed’’ and ‘‘vegetable, 

legume group 6, except soybean’’ to 

‘‘vegetable, legume, group 6, except 

soybean.’’ 

5. Clofentezine. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.446(a)(1) to read as 

follows: 

Tolerances are established for residues of 

the insecticide clofentezine, 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 clofentezine, 

3,6-bis(2-chlorophenyl)-1,2,4,5-tetrazine, in 

or on the commodity. 

In order to describe more clearly the 

measurement and scope or coverage of 

the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.446(a)(2) to read as follows: 

Tolerances are established for residues of 

the insecticide clofentezine, 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 


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determined by measuring only the sum of 

clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5- 

tetrazine, and its metabolite, 3-(2-chloro-4-

hydroxyphenyl)-6-(2-chlorophenyl)-1,2,4,5- 

tetrazine, calculated as the stoichiometric 

equivalent of clofentezine, in or on the 

commodity. 

6. Clomazone. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.425(a) to read as follows: 

Tolerances are established for residues of 

the herbicide clomazone, 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 clomazone, 2- 

(2-chlorophenyl)methyl-4,4-dimethyl-3-isoxa

zolidinone, in or on the commodity. 

7. Cyromazine. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.414(a)(1) to read as 

follows: 

Tolerances are established for residues of 

the insecticide cyromazine, 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 cyromazine, 

N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, 

in or on the commodity. 

Also, in order to describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.414(a)(2) and remove existing 

subparagraphs (a)(2)(i), (a)(2)(ii), 

(a)(2)(iii), (a)(2)(iv), and (a)(2)(v). The 

revised paragraph (a)(2) reads as 

follows: 

A tolerance of 5.0 parts per million is 

established for residues of the insecticide 

cyromazine, including its metabolites and 

degradates, in or on poultry feed when used 

as a feed additive only in feed for chicken 

layer hens and chicken breeder hens at the 

rate of not more than 0.01 pound of 

cyromazine per ton of poultry feed for 

control of flies in manure of treated chicken 

layer hens and chicken breeder hens, 

provided the feeding of cyromazine-treated 

feed must stop at least 3 days (72 hours) 

before slaughter. If the feed is formulated by 

any person other than the end user, the 

formulator must inform the end user, in 

writing, of the 3–day (72 hours) pre-slaughter 

interval. Compliance with the tolerance level 

specified in this paragraph is to be 

determined by measuring only cyromazine, 

N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, 

in or on the commodity. 

In addition, in order to describe more 

clearly the measurement and scope or 

coverage of the tolerances, EPA is 

proposing to revise the introductory text 

containing the tolerance expression in 

40 CFR 180.414(d) to read as follows: 

Tolerances are established for the indirect 

or inadvertent residues of the insecticide 

cyromazine, including its metabolites and 

degradates, in or on the commodities in the 

table in this paragraph when present therein 

as a result of the application of cyromazine 

to growing crops listed in paragraph (a)(1) of 

this section. Compliance with the tolerance 

levels specified in this paragraph is to be 

determined by measuring only cyromazine, 

N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, 

in or on the commodity. 

8. Etofenprox. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.620(a) to read as follows: 

A tolerance is established for residues of 

the insecticide etofenprox, 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 etofenprox, 2- 

(4-ethoxyphenyl)-2-methylpropyl 3- 

phenoxybenzyl ether, in or on the 

commodity. 

9. Fenarimol. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.421(a) to read as follows: 

Tolerances are established for residues of 

the fungicide fenarimol, 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 fenarimol, 

alpha-(2-chlorophenyl)-alpha-(4-chloro

phenyl)-5-pyrimidinemethanol, in or on the 

commodity. 

10. Fenbutatin-oxide. In order to 

describe more clearly the measurement 

and scope or coverage of the tolerances, 

EPA is proposing to revise the section 

heading in 40 CFR 180.362 from hexakis 

(2-methyl-2-phenylpropyl)distannoxane 

to fenbutatin-oxide and revise the 

introductory text containing the 

tolerance expression in 40 CFR 

180.362(a)(1) to read as follows: 

Tolerances are established for residues of 

the miticide/acaricide fenbutatin-oxide, 

including its metabolites and degradates, in 

or on the plant commodities in the table in 

this paragraph. Compliance with the 

tolerance levels specified in this paragraph is 

to be determined by measuring only 

fenbutatin-oxide, hexakis (2-methyl-2-phenyl

propyl)distannoxane, in or on the 

commodity. 

In order to describe more clearly the 

measurement and scope or coverage of 

the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.362(a)(2) to read as follows: 

Tolerances are established for residues of 

the miticide/acaricide fenbutatin-oxide, 

including its metabolites and degradates, in 

or on the animal 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 fenbutatin-oxide, hexakis (2-methyl-2- 

phenylpropyl)distannoxane, and its 

organotin metabolites, dihydroxybis(2- 

methyl-2-phenylpropyl)stannane and 2- 

methyl-2-phenylpropylstannoic acid, 

calculated as the stoichiometric equivalent of 

fenbutatin-oxide, in or on the commodity. 

In the May 2002 Tolerance 

Reassessment Decision (TRED) for 

fenbutatin-oxide, EPA determined that 

in order to better harmonize with Codex 

Alimentarius, the tolerance expression 

for plant commodities should include 

the parent compound only for 

compliance. Currently, there is one 

regional tolerance in 40 CFR 180.362(c) 

for residues of the parent compound 

and its organotin metabolites calculated 

as the parent compound in or on 

raspberry. Therefore, in order to better 

harmonize with Codex and describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.362(c) to read as follows: 

A tolerance with regional registration is 

established for residues of the miticide/ 

acaricide fenbutatin-oxide, including its 

metabolites and degradates, in or on the plant 

commodity in the table in this paragraph. 

Compliance with the tolerance level 

specified in this paragraph is to be 

determined by measuring only fenbutatinoxide, hexakis (2-methyl-2- 

phenylpropyl)distannoxane, in or on the 

commodity. 

11. Fenoxaprop-ethyl. In order to 

describe more clearly the measurement 

and scope or coverage of the tolerances, 

EPA is proposing to revise the 

introductory text containing the 

tolerance expression in 40 CFR 

180.430(a) to read as follows: 

Tolerances are established for residues of 

the herbicide fenoxaprop-ethyl, 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 

fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6-chloro-2- 

benzoxazolyl)oxy]phenoxy]propanoate, and 

its metabolites, 2-[4-[(6-chloro-2-

benzoxazolyl)oxy]phenoxy]propanoic acid 

and 6-chloro-2,3-dihydrobenzoxazol-2-one, 

calculated as the stoichiometric equivalent of 

fenoxaprop-ethyl, in or on the commodity. 

Also, in order to describe more clearly 

the measurement and scope or coverage 


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of the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.430(b) to read as follows: 

Time-limited tolerances are established for 

residues of the herbicide fenoxaprop-ethyl, 

including its metabolites and degradates, in 

or on the commodities in the table in this 

paragraph in connection with use of 

fenoxaprop-ethyl under section 18 

emergency exemptions granted by EPA. 

Compliance with the tolerance levels 

specified in this paragraph is to be 

determined by measuring only the sum of 

fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6-chloro-2- 

benzoxazolyl)oxy]phenoxy]propanoate, and 

its metabolites, 2-[4-[(6-chloro-2-

benzoxazolyl)oxy]phenoxy]propanoic acid 

and 6-chloro-2,3-dihydrobenzoxazol-2-one, 

calculated as the stoichiometric equivalent of 

fenoxaprop-ethyl, in or on the commodity. 

The tolerances expire and are revoked on the 

dates specified in the table in this paragraph. 

12. Flumetsulam. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to redesignate the existing 

paragraph from 40 CFR 180.468 to 

180.468(a) and revise the introductory 

text containing the tolerance expression 

in newly designated 40 CFR 180.468(a) 

to read as follows: 

Tolerances are established for residues of 

the herbicide flumetsulam, 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 flumetsulam, 

N-(2,6-difluorophenyl)-5-methyl-(1,2,4)- 

triazolo-(1,5a)-pyrimidine-2-sulfonamide, in 

or on the commodity. 

In accordance with current Agency 

practice, EPA is proposing to amend 40 

CFR 180.468 by adding separate 

paragraphs (b), (c), and (d), and 

reserving those paragraphs for tolerance 

exemptions for section 18 emergency 

exemptions, tolerances with regional 

registrations, and tolerances with 

indirect or inadvertent residues, 

respectively. 

In addition, EPA is proposing to 

revise commodity terminology to 

conform to current Agency practice in 

newly designated 40 CFR 180.468(a) as 

follows: ‘‘bean, dry’’ to ‘‘bean, dry, seed;’’ 

and ‘‘soybean’’ to ‘‘soybean, seed.’’ 

13. Flumiclorac pentyl. In order to 

describe more clearly the measurement 

and scope or coverage of the tolerances, 

EPA is proposing to revise the 

introductory text containing the 

tolerance expression in 40 CFR 

180.477(a) to read as follows: 

Tolerances are established for residues of 

the herbicide flumiclorac pentyl, 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 flumiclorac 

pentyl, pentyl(2-chloro-4-fluoro-5- 

(1,3,4,5,6,7-hexahydro-1,3-dioxo-2Hisoindol-2-yl)phenoxy)acetate, in or on the 

commodity. 

14. Fluridone. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to redesignate the existing 

paragraph from 40 CFR 180.420(a) to 

180.420(a)(1), add a table for existing 

commodities, and revise the 

introductory text containing the 

tolerance expression in newly 

designated 40 CFR 180.420(a)(1) to read 

as follows: 

Tolerances are established for residues of 

the herbicide fluridone, 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 

fluridone, 1-methyl-3-phenyl-5-(3-(trifluoro

methyl)phenyl)-4(1H)-pyridinone, and its 

bound residues, calculated as the 

stoichiometric equivalent of fluridone, in or 

on the commodity. 

Also, in order to describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing to 

redesignate the existing paragraph from 

40 CFR 180.420(b) to 180.420(a)(2) and 

revise the introductory text containing 

the tolerance expression in newly 

designated 40 CFR 180.420(a)(2) to read 

as follows: 

Tolerances are established for residues of 

the herbicide fluridone, 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 fluridone, 1- 

methyl-3-phenyl-5-(3-(trifluoromethyl)

phenyl)-4(1H)-pyridinone, in or on the 

commodity. 

In addition, in order to describe more 

clearly the measurement and scope or 

coverage of the tolerances, EPA is 

proposing to redesignate the existing 

paragraph from 40 CFR 180.420(c) to 

180.420(d) and revise the introductory 

text containing the tolerance expression 

in newly designated 40 CFR 180.420(d) 

to read as follows: 

Tolerances are established for indirect or 

inadvertent residues of the herbicide 

fluridone, including its metabolites and 

degradates, in or on the irrigated crop 

commodities and crop groupings in the table 

in this paragraph, resulting from use of 

irrigation water containing residues of 0.15 

ppm following applications of fluridone on 

or around aquatic sites. Where tolerances are 

established at higher levels from other uses 

of fluridone on the following crops, the 

higher tolerance also applies to residues in 

the irrigated commodity. Compliance with 

the tolerance levels specified in this 

paragraph is to be determined by measuring 

only fluridone, 1-methyl-3-phenyl-5-(3- 

(trifluoromethyl)phenyl)-4(1H)-pyridinone, 

in or on the commodity. 

In accordance with current Agency 

practice, EPA is proposing to amend 40 

CFR 180.420 by adding separate 

paragraphs (b) and (c), and reserving 

those paragraphs for tolerance 

exemptions for section 18 emergency 

exemptions and tolerances with regional 

registrations, respectively. 

In addition, EPA is proposing to 

revise commodity terminology to 

conform to current Agency practice in 

the table to newly designated 40 CFR 

180.420(d) as follows: ‘‘citrus’’ to ‘‘fruit, 

citrus, group 10;’’ ‘‘cucurbits’’ to 

‘‘vegetable, cucurbit, group 9;’’ ‘‘fruit, 

pome’’ to ‘‘fruit, pome, group 11; ‘‘fruit, 

small’’ to ‘‘berry, group 13;’’ ‘‘cranberry;’’ 

‘‘grape;’’ and ‘‘strawberry;’’ ‘‘fruit, stone’’ 

to ‘‘fruit, stone, group 12; ‘‘grain, crop’’ 

to ‘‘grain, cereal, group 15’’ and ‘‘grain, 

cereal, forage, fodder and straw, group 

16;’’ ‘‘legume, forage’’ to ‘‘animal feed, 

nongrass, group 18;’’ nut’’ to ‘‘nut, tree, 

group 14;’’ ‘‘vegetable, fruiting’’ to 

‘‘vegetable, fruiting, group 8;’’ ‘‘vegetable, 

leafy’’ to ‘‘vegetable, leafy, except 

brassica, group 4’’ and ‘‘vegetable, 

brassica, leafy, group 5;’’ ‘‘vegetable, root 

crop’’ to ‘‘vegetable, root and tuber, 

group 1’’ and ‘‘vegetable, leaves of root 

and tuber, group 2;’’ ‘‘vegetable, seed 

and pod’’ to ‘‘vegetable, legume, group 6’’ 

and ‘‘okra.’’ 

15. Fomesafen. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.433(a) to read as follows: 

Tolerances are established for residues of 

the herbicide fomesafen, including its 

metabolites and degradates, in or on the 

commodities in the table in this paragraph 

from the application of its sodium salt. 

Compliance with the tolerance levels 

specified in this paragraph is to be 

determined by measuring only fomesafen, 5- 

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

(methylsulfonyl)-2-nitrobenzamide, in or on 

the commodity. 

16. Fosthiazate. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.596(a) to read as follows: 

A tolerance is established for residues of 

the insecticide fosthiazate, including its 

metabolites and degradates, in or on the 

commodity in the table in this paragraph. 

Compliance with the tolerance level 

specified in this paragraph is to be 

determined by measuring only the sum of 

fosthiazate, O-ethyl S-(1-methylpropyl)(2- 


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oxo-3-thiazolidinyl)phosphonothioate, and 

its metabolite, O-ethyl S-(1-methylpropyl)(2- 

(methylsulfonyl)ethyl)phosphorami

dothioate, calculated as the stoichiometric 

equivalent of fosthiazate, in or on the 

commodity. 

17. Glufosinate ammonium. In order 

to describe more clearly the 

measurement and scope or coverage of 

the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.473(a) to read as follows: 

Tolerances are established for residues of 

the herbicide glufosinate ammonium, 

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 

glufosinate ammonium, 2-amino-4-(hydroxy

methylphosphinyl)butanoic acid 

monoammonium salt, and its metabolites, 2- 

acetamido-4-methylphosphinicobutanoic 

acid and 3-methylphosphinicopropionic 

acid, calculated as the stoichiometric 

equivalent of 2-amino-4-(hydroxymethylphos

phinyl)butanoic acid, in or on the 

commodity. 

Also, in order to describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.473(d) to read as follows: 

Tolerances are established for indirect or 

inadvertent residues of the herbicide 

glufosinate ammonium, including its 

metabolites and degradates, in or on the 

commodities in the table in this paragraph 

when present therein as a result of the 

application of glufosinate ammonium to 

crops listed in the table in paragraph (a) of 

this section. Compliance with the tolerance 

levels specified in this paragraph is to be 

determined by measuring only the sum of 

glufosinate ammonium, 2-amino-4-(hydroxy

methylphosphinyl)butanoic acid 

monoammonium salt, and its metabolite, 3- 

methylphosphinicopropionic acid, calculated 

as the stoichiometric equivalent of 2-amino4-(hydroxymethylphosphinyl)butanoic acid, 

in or on the commodity. 

18. Lactofen. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.432(a) to read as follows: 

Tolerances are established for residues of 

the herbicide lactofen, 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 lactofen, 2- 

ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2-nitrobenzoate, 

in or on the commodity. 

Also, in order to describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.432(c) to read as follows: 

Tolerances with regional registration are 

established for residues of the herbicide 

lactofen, 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 lactofen, 

2-ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2-nitrobenzoate, 

in or on the commodity. 

19. Oxytetracycline. In order to 

describe more clearly the measurement 

and scope or coverage of the tolerances, 

EPA is proposing to designate the 

existing paragraph in 40 CFR 180.337 as 

§ 180.337(a) and revise the introductory 

text containing the tolerance expression 

in newly designated 40 CFR 180.337(a) 

to read as follows: 

Tolerances are established for residues of 

the fungicide/bactericide oxytetracycline, 

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 

oxytetracycline, (4S,4aR,5S,5aR,6S,12aS)-4- 

(dimethylamino)-1,4,4a,5,5a,6,11,12aoctahydro-3,5,6,10,12,12a-hexahydroxy-6- 

methyl-1,11-dioxo-2-naphthacene

carboxamide, in or on the commodity. 

In accordance with current Agency 

practice, EPA is proposing to revise 40 

CFR 180.337 by adding separate 

paragraphs (b), (c), and (d), and 

reserving those paragraphs for section 

18 emergency exemptions, tolerances 

with regional registrations, and 

tolerances with indirect or inadvertent 

residues, respectively. 

20. Propetamphos. In order to 

describe more clearly the measurement 

and scope or coverage of the tolerances, 

EPA is proposing in 40 CFR 180.541 to 

remove paragraphs (a)(1), (a)(2), and 

(a)(3) and revise paragraph (a), 

including the introductory text 

containing the tolerance expression, to 

read as follows: 

A tolerance of 0.1 part per million is 

established for residues of the insecticide 

propetamphos, including its metabolites and 

degradates, in or on food or feed 

commodities when present therein as a result 

of the treatment of food- or feed-handling 

establishments with propetamphos. Direct 

application shall be limited solely to spot 

and/or crack and crevice treatment in foodor feed-handling establishments where food 

or feed and food or feed products are held, 

processed, prepared, served, or sold. Spray 

and dust concentrations shall be limited to a 

maximum of 1 percent active ingredient. For 

crack and crevice treatment, equipment 

capable of delivering a dust or a pin-stream 

of spray directly into cracks and crevices 

shall be used. For spot treatment, a coarse, 

low-pressure spray shall be used to avoid 

contamination of food, feed, or food-contact/ 

feed-contact surfaces. Compliance with the 

tolerance level specified in this paragraph is 

to be determined by measuring only 

propetamphos, 1-methylethyl-(2E)-3-((ethyl

amino)methoxyphosphinothioyl)oxy)-2- 

butenoate, in or on the commodity. 

21. Propyzamide. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.317(a) to read as follows: 

Tolerances are established for residues of 

the herbicide propyzamide, including its 

metabolites and degradates, in or on the 

commodities in the table in this paragraph. 

Compliance with the tolerance levels 

specified in this paragraph is to be 

determined by measuring only those 

propyzamide residues convertible to methyl 

3,5-dichlorobenzoate, expressed as the 

stoichiometric equivalent of propyzamide, 

3,5-dichloro-N-(1,1-dimethyl-2-propynyl)

benzamide, in or on the commodity. 

Also, in order to describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.317(c) to read as follows: 

Tolerances with regional registration are 

established for residues of the herbicide 

propyzamide, including its metabolites and 

degradates, in or on the commodities in the 

table in this paragraph. Compliance with the 

tolerance levels specified in this paragraph is 

to be determined by measuring only those 

propyzamide residues convertible to methyl 

3,5-dichlorobenzoate, expressed as the 

stoichiometric equivalent of propyzamide, 

3,5-dichloro-N-(1,1-dimethyl-2-propynyl)ben

zamide, in or on the commodity. 

In addition, in order to describe more 

clearly the measurement and scope or 

coverage of the tolerances, EPA is 

proposing to revise the introductory text 

containing the tolerance expression in 

40 CFR 180.317(d) to read as follows: 

Tolerances are established for indirect or 

inadvertent residues of the herbicide 

propyzamide, including its metabolites and 

degradates, in or on the commodities in the 

table in this paragraph. Compliance with the 

tolerance levels specified in this paragraph is 

to be determined by measuring only those 

propyzamide residues convertible to methyl 

3,5-dichlorobenzoate, expressed as the 

stoichiometric equivalent of propyzamide, 

3,5-dichloro-N-(1,1-dimethyl-2-

propynyl)benzamide, in or on the 

commodity. 

22. Pyridate. In order to describe more 

clearly the measurement and scope or 

coverage of the tolerances, EPA is 

proposing to revise the introductory text 

containing the tolerance expression in 

40 CFR 180.462(a) to read as follows: 

Tolerances are established for residues of 

the herbicide pyridate, including its 


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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 

pyridate, O-(6-chloro-3-phenyl-4-pyrid

azinyl)-S-octyl-carbonothioate, and its 

metabolites, 6-chloro-3-phenyl-pyridazine-4- 

ol and conjugates of 6-chloro-3-phenyl-pyrid

azine-4-ol, calculated as the stoichiometric 

equivalent of pyridate, in or on the 

commodity. 

23. Quinclorac. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.463(a) to read as follows: 

Tolerances are established for residues of 

the herbicide quinclorac, 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 quinclorac, 

3,7-dichloro-8-quinolinecarboxylic acid, in or 

on the commodity. 

Also, in order to describe more clearly 

the measurement and scope or coverage 

of the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.463(b) to read as follows: 

Time-limited tolerances are established for 

residues of the herbicide quinclorac, 

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 quinclorac, 

3,7-dichloro-8-quinolinecarboxylic acid, in or 

on the commodity. The tolerance expires and 

is revoked on the date specified in the table 

in this paragraph. 

24. Tebufenozide. In order to describe 

more clearly the measurement and 

scope or coverage of the tolerances, EPA 

is proposing to revise the introductory 

text containing the tolerance expression 

in 40 CFR 180.482(a)(1) to read as 

follows: 

Tolerances are established for residues of 

the insecticide tebufenozide, 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 tebufenozide, 

3,5-dimethylbenzoic acid 1-(1,1-dimethyl

ethyl)-2-(4-ethylbenzoyl)hydrazide, in or on 

the commodity. 

In order to describe more clearly the 

measurement and scope or coverage of 

the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.482(a)(2) to read as follows: 

Tolerances are established for residues of 

the insecticide tebufenozide, including its 

metabolites and degradates, in or on the 

commodity in the table in this paragraph. 

Compliance with the tolerance level 

specified in this paragraph is to be 

determined by measuring only the sum of 

tebufenozide, 3,5-dimethylbenzoic acid 1- 

(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydra

zide, and its metabolites, 3,5-dimethyl

benzoic acid 1-(1,1-dimethylethyl)-2-((4-car

boxymethyl)benzoyl)hydrazide, 3-hydroxy

methyl-5-methylbenzoic acid 1-(1,1-dimethyl

ethyl)-2-(4-ethylbenzoyl)hydrazide, stearic 

acid conjugate of 3-hydroxymethyl-5-methyl

benzoic acid 1-(1,1-dimethylethyl)-2-(4-ethyl

benzoyl)hydrazide, and 3-hydroxymethyl-5- 

methylbenzoic acid 1-(1,1-dimethylethyl)-2- 

(4-(1-hydroxyethyl)benzoyl)hydrazide, 

calculated as the stoichiometric equivalent of 

tebufenozide, in or on the commodity. 

In order to describe more clearly the 

measurement and scope or coverage of 

the tolerances, EPA is proposing to 

revise the introductory text containing 

the tolerance expression in 40 CFR 

180.482(d) to read as follows: 

Tolerances are established for indirect or 

inadvertent residues of the insecticide 

tebufenozide, including its metabolites and 

degradates, in or on the commodities in the 

table in this paragraph when present therein 

as a result of the application of tebufenozide 

to growing crops listed in paragraph (a)(1) of 

this section. Compliance with the tolerance 

levels specified in this paragraph is to be 

determined by measuring only the sum of 

tebufenozide, 3,5-dimethylbenzoic acid 1- 

(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydra

zide, and its metabolite, 3,5-dimethylbenzoic 

acid 1-(1,1-dimethylethyl)-2-(4-(1-hydroxy

ethyl)benzoyl)hydrazide calculated as the 

stoichiometric equivalent of tebufenozide, in 

or on the commodity. 

B. What is the Agency’s Authority for 

Taking this Action? 

A ‘‘tolerance’’ represents the 

maximum level for residues of pesticide 

chemicals legally allowed in or on raw 

agricultural commodities and processed 

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

346a, as amended by FQPA of 1996, 

Public Law 104–170, authorizes the 

establishment of tolerances, exemptions 

from tolerance requirements, 

modifications in tolerances, and 

revocation of tolerances for residues of 

pesticide chemicals in or on raw 

agricultural commodities and processed 

foods. Without a tolerance or 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under section 

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

food may not be distributed in interstate 

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

the pesticide must not only have 

appropriate tolerances under the 

FFDCA, but also must be registered 

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

Food-use pesticides not registered in the 

United States must have tolerances in 

order for commodities treated with 

those pesticides to be imported into the 

United States. 

EPA’s general practice is to propose 

revocation of tolerances/tolerance 

exemptions 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 section 408 

of FFDCA, a tolerance/tolerance 

exemption 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/ 

tolerance exemptions for residues on 

crops for which FIFRA registrations no 

longer exist, unless someone expresses 

a need for such tolerances/tolerance 

exemptions. Through this proposed 

rule, the Agency is inviting individuals 

who need these import tolerances to 

identify themselves and the tolerances 


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that are needed to cover imported 

commodities. 

Parties interested in retention of the 

tolerances/tolerance exemptions 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/ 

tolerance exemption at issue. 

C. When Do These Actions Become 

Effective? 

EPA is proposing that revision of 

specific tolerance expressions proposed 

herein, revocation of the tolerances for 

aluminum tris(O-ethylphosphonate) on 

pineapple fodder and forage, and 

revision of specific commodity 

terminologies (tolerance nomenclatures) 

for aluminum tris(O-ethylphosphonate), 

clethodim, flumetsulam, and fluridone 

become effective on the date of 

publication of the final rule in the 

Federal Register. If you have comments, 

please submit comments as described 

under SUPPLEMENTARY INFORMATION. 

Any commodities listed in this 

proposal treated with the pesticides 

subject to this proposal, and in the 

channels of trade following the 

tolerance revocations, shall be subject to 

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

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA, and 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates when the 

pesticide was applied to such food. 

III. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/ 

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standardS-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established a MRL 

for aluminum tris (Oethylphosphonate), butylate, 

chlorethoxyfos, clomazone, fenoxapropethyl, flumetsulam, flumiclorac pentyl, 

fluridone, fomesafen, fosthiazate, 

lactofen, oxytetracycline (pesticide use), 

propetamphos, propyzamide, pyridate, 

and quinclorac, or MRL on rice grain for 

etofenprox. 

The Codex has established MRLs for 

clethodim in or on various commodities 

including beans (dry) at 2 milligrams 

per kilogram (mg/kg), beans, except 

broad bean and soybean at 0.5 mg/kg, 

cotton seed at 0.5 mg/kg, eggs at 0.05 

mg/kg, field pea (dry) at 2 mg/kg, onion, 

bulb at 0.5 mg/kg, peanut at 5 mg/kg, 

sugar beet at 0.1 mg/kg, and sunflower 

seed at 0.5 mg/kg. These MRLs are 

different than the tolerances established 

for clethodim in the United States 

because of differences in use patterns 

and/or good agricultural practices. 

However, the changes in the U.S. 

tolerance expression which are 

proposed herein would harmonize U.S. 

tolerances with Codex MRLs for edible 

offal (mammalian), meat (from 

mammals other than marine mammals), 

milks, potato, poultry meat, poultry 

edible offal, soybean (dry), and tomato. 

The Codex has established MRLs for 

clofentezine in or on various 

commodities including edible offal 

(mammalian) at 0.05 mg/kg, grapes at 2 

mg/kg, milks at 0.05 mg/kg, stone fruits 

at 0.5 mg/kg, and tree nuts at 0.5 mg/ 

kg. These MRLs are different than the 

tolerances established for clofentezine 

in the United States because of 

differences in residue definition for 

animal commodities and use patterns 

and/or good agricultural practices for 

plant commodities. 

The Codex has established MRLs for 

cyromazine in or on various 

commodities with a residue definition 

of the parent compound only for 

compliance, including edible offal 

(mammalian) at 0.3 mg/kg, eggs at 0.3 

mg/kg, fruiting vegetables other than 

cucurbits at 1 mg/kg, meat (from 

mammals other than marine mammals) 

at 0.3 mg/kg, milks at 0.01 mg/kg, 

mushrooms at 7 mg/kg, onion, bulb at 

0.1 mg/kg, peppers, chili (dry) at 10 mg/ 

kg, poultry meat at 0.1 mg/kg, and 

poultry, edible offal at 0.2 mg/kg. These 

MRLs are different than the tolerances 

established for cyromazine in the 

United States because of differences in 

use patterns and/or good agricultural 

practices. 

The Codex has established MRLs for 

fenarimol in or on various commodities 

with a residue definition of the parent 

compound only for compliance, 

including banana at 0.2 mg/kg, cattle 

kidney at 0.02 mg/kg, cattle meat at 0.02 

mg/kg, grape at 0.3 mg/kg, and pome 

fruits at 0.3 mg/kg. These MRLs are 

different than the tolerances established 

for fenarimol in the United States 

because of differences in use patterns 

and/or good agricultural practices. 

The Codex has established MRLs for 

fenbutatin-oxide in or on various 

commodities with a residue definition 

of the parent compound only for 

compliance, including cherries at 10 

mg/kg, citrus fruits at 5 mg/kg, citrus 

pulp, dry at 25 mg/kg, and cucumber at 

0.5 mg/kg. These MRLs are different 

than the tolerances established for 

fenbutatin-oxide in the United States 

because of differences in use patterns 

and/or good agricultural practices. 

The Codex has established MRLs for 

glufosinate ammonium in or on various 

commodities including banana at 0.2 

mg/kg, berries and other small fruits at 

0.1 mg/kg, edible offal (mammalian) at 

0.1 mg/kg, eggs at 0.05 mg/kg, milks at 

0.02 mg/kg, potato at 0.5 mg/kg, poultry 

meat at 0.05 mg/kg, poultry, edible offal 

at 0.1 mg/kg, rape seed at 5 mg/kg, and 

sugar beet at 0.05 mg/kg. These MRLs 

are different than the tolerances 

established for glufosinate ammonium 

in the United States because of 

differences in the residue definitions. 

The Codex has established MRLs for 

tebufenozide in or on various 

commodities with a residue definition 

of the parent compound only for 

compliance, including almond hulls at 

30 mg/kg, citrus fruits at 2 mg/kg, 

cranberry at 0.5 mg/kg, edible offal 

(mammalian) at 0.02 mg/kg, grapes at 2 

mg/kg, leafy vegetables at 10 mg/kg, 

meat (from mammals other than marine 

mammals) at 0.05 mg/kg, milks at 0.01 

mg/kg, mints at 20 mg/kg, pome fruits 

at 1 mg/kg, and walnuts at 0.05 mg/kg. 

These MRLs are different than the 

tolerances established for tebufenozide 

in the United States because of 

differences in residue definition for 

animal commodities and use patterns 

and/or good agricultural practices for 

plant commodities. 


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IV. Statutory and Executive Order 

Reviews 

In this proposed rule, EPA is 

proposing to revise tolerance 

expressions to describe more clearly the 

measurement and scope or coverage of 

the tolerances, and revoke the tolerances 

for aluminum tris(O-ethylphosphonate) 

on pineapple fodder and forage. The 

Office of Management and Budget 

(OMB) has exempted these types of 

actions (e.g., tolerance actions for which 

extraordinary circumstances do not 

exist) from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this proposed 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this proposed rule 

is not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This proposed rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

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

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). Nor does it require any 

special considerations as required by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994); or OMB review or 

any other Agency action under 

Executive Order 13045, entitled 

Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

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

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency 

previously assessed whether 

establishment of tolerances, exemptions 

from tolerances, raising of tolerance 

levels, expansion of exemptions, or 

revocations might significantly impact a 

substantial number of small entities and 

concluded that, as a general matter, 

these actions do not impose a significant 

economic impact on a substantial 

number of small entities. These analyses 

for tolerance establishments and 

modifications, and for tolerance 

revocations were published on May 4, 

1981 (46 FR 24950) and on December 

17, 1997 (62 FR 66020) (FRL–5753–1), 

respectively, and were provided to the 

Chief Counsel for Advocacy of the Small 

Business Administration. Taking into 

account this analysis, and available 

information concerning the pesticides 

listed in this proposed rule, the Agency 

hereby certifies that this proposed rule 

will not have a significant negative 

economic impact on a substantial 

number of small entities. In a 

memorandum dated May 25, 2001, EPA 

determined that eight conditions must 

all be satisfied in order for an import 

tolerance or tolerance exemption 

revocation to adversely affect a 

significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 

any particular revocation. (This Agency 

document is available in the docket of 

this proposed rule). Furthermore, for the 

pesticide named in this proposed rule, 

the Agency knows of no extraordinary 

circumstances that exist as to the 

present proposal that would change the 

EPA’s previous analysis. Any comments 

about the Agency’s determination 

should be submitted to the EPA along 

with comments on the proposal, and 

will be addressed prior to issuing a final 

rule. In addition, the Agency has 

determined that this action will not 

have a substantial direct effect on States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This proposed 

rule directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of 

FFDCA. For these same reasons, the 

Agency has determined that this 

proposed rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). Executive Order 13175, 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ ‘‘Policies that 

have tribal implications’’ is defined in 

the Executive order to include 

regulations that have ‘‘substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 15, 2010. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

1. The authority citation for part 180 

continues to read as follows: 

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

2. In § 180.232 revise the introductory 

text in paragraph (a) to read as follows. 

§ 180.232 Butylate; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide butylate, 

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 butylate, S-ethyl bis(2- 

methylpropyl)carbamothioate, in or on 

the commodity. 

* * * * * 

3. Section 180.317 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise paragraph (b); 


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iii. Revise the introductory text in 

paragraph (c); 

iv. Revise the introductory text in 

paragraph (d). 

The revised text reads as follows: 

§ 180.317 Propyzamide; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide 

propyzamide, including its metabolites 

and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only those propyzamide 

residues convertible to methyl 3,5- 

dichlorobenzoate, expressed as the 

stoichiometric equivalent of 

propyzamide, 3,5-dichloro-N-(1,1- 

dimethyl-2-propynyl)benzamide, in or 

on the commodity. 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) * * * Tolerances with regional 

registration are established for residues 

of the herbicide propyzamide, including 

its metabolites and degradates, in or on 

the commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only those propyzamide 

residues convertible to methyl 3,5- 

dichlorobenzoate, expressed as the 

stoichiometric equivalent of 

propyzamide, 3,5-dichloro-N-(1,1- 

dimethyl-2-propynyl)benzamide, in or 

on the commodity. 

* * * * * 

(d) * * * Tolerances are established 

for indirect or inadvertent residues of 

the herbicide propyzamide, including 

its metabolites and degradates, in or on 

the commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only those propyzamide 

residues convertible to methyl 3,5- 

dichlorobenzoate, expressed as the 

stoichiometric equivalent of 

propyzamide, 3,5-dichloro-N-(1,1- 

dimethyl-2-propynyl)benzamide, in or 

on the commodity. 

* * * * * 

4. Revise § 180.337 to read as follows: 

§ 180.337 Oxytetracycline; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

fungicide/bactericide oxytetracycline, 

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 oxytetracycline, 

(4S,4aR,5S,5aR,6S,12aS)-4-(dimethyl

amino)-1,4,4a,5,5a,6,11,12a-octahydro3,5,6,10,12,12a-hexahydroxy-6-methyl1,11-dioxo-2-naphthacenecarboxamide, 

in or on the commodity. 

Commodity Parts per million 

Apple ..................................... 0.35 

Peach .................................... 0.35 

Pear ...................................... 0.35 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

5. Section 180.362 is amended as 

follows: 

i. Revise the section heading; 

ii. Revise the introductory text in 

paragraph (a)(1); 

iii. Revise the introductory text in 

paragraph (a)(2); 

iv. Revise the introductory text in 

paragraph (c). 

The revised text read as follows: 

§ 180.362 Fenbutatin-oxide; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the miticide/ 

acaricide fenbutatin-oxide, including its 

metabolites and degradates, in or on the 

plant commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only fenbutatin-oxide, 

hexakis (2-methyl-2- 

phenylpropyl)distannoxane, in or on the 

commodity. 

* * * * * 

(2) Tolerances are established for 

residues of the miticide/acaricide 

fenbutatin-oxide, including its 

metabolites and degradates, in or on the 

animal 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 fenbutatinoxide, hexakis (2-methyl-2- 

phenylpropyl)distannoxane, and its 

organotin metabolites, dihydroxybis(2- 

methyl-2-phenylpropyl)stannane and 2- 

methyl-2-phenylpropylstannoic acid, 

calculated as the stoichiometric 

equivalent of fenbutatin-oxide, in or on 

the commodity. 

* * * * * 

(c) * * * A tolerance with regional 

registration is established for residues of 

the miticide/acaricide fenbutatin-oxide, 

including its metabolites and 

degradates, in or on the plant 

commodity in the table in this 

paragraph. Compliance with the 

tolerance level specified in this 

paragraph is to be determined by 

measuring only fenbutatin-oxide, 

hexakis (2-methyl-2- 

phenylpropyl)distannoxane, in or on the 

commodity. 

* * * * * 

6. Section 180.414 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise paragraph (a)(2); 

iii. Revise the introductory text in 

paragraph (d). 

The revised reads as follows: 

§ 180.414 Cyromazine; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

insecticide cyromazine, 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 cyromazine, Ncyclopropyl-1,3,5-triazine-2,4,6- 

triamine, in or on the commodity. 

* * * * * 

(2) A tolerance of 5.0 parts per million 

is established for residues of the 

insecticide cyromazine, including its 

metabolites and degradates, in or on 

poultry feed when used as a feed 

additive only in feed for chicken layer 

hens and chicken breeder hens at the 

rate of not more than 0.01 pound of 

cyromazine per ton of poultry feed for 

control of flies in manure of treated 

chicken layer hens and chicken breeder 

hens, provided the feeding of 

cyromazine-treated feed must stop at 

least 3 days (72 hours) before slaughter. 

If the feed is formulated by any person 

other than the end user, the formulator 

must inform the end user, in writing, of 

the 3–day (72 hours) pre-slaughter 

interval. Compliance with the tolerance 

level specified in this paragraph is to be 

determined by measuring only 

cyromazine, N-cyclopropyl-1,3,5- 

triazine-2,4,6-triamine, in or on the 

commodity. 

* * * * * 

(d) * * * Tolerances are established 

for the indirect or inadvertent residues 

of the insecticide cyromazine, including 

its metabolites and degradates, in or on 

the commodities in the table in this 

paragraph when present therein as a 

result of the application of cyromazine 

to growing crops listed in paragraph 

(a)(1) of this section. Compliance with 

the tolerance levels specified in this 


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paragraph is to be determined by 

measuring only cyromazine, Ncyclopropyl-1,3,5-triazine-2,4,6- 

triamine, in or on the commodity. 

* * * * * 

7. Section 180.415 is amended as 

follows: 

i. Revise paragraph (a); 

ii. Revise the introductory text in 

paragraph (c). 

The revised text reads as follows: 

§ 180.415 Aluminum tris (Oethylphosphonate); tolerances for residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

aluminum tris(O-ethylphosphonate), 

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 aluminum tris(Oethylphosphonate), in or on the 

commodity. 

Commodity Parts per million 

Avocado ................................ 25 

Banana ................................. 3.0 

Bushberry subgroup 13B ...... 40 

Caneberry subgroup 13A ..... 0.1 

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

Fruit, citrus, group 10 ........... 5.0 

Fruit, pome, group 11 ........... 10 

Ginseng ................................ 0.1 

Hop, dried cones .................. 45 

Juneberry .............................. 40 

Lingonberry ........................... 40 

Nut, macadamia ................... 0.20 

Onion, bulb ........................... 0.5 

Onion, green ......................... 10.0 

Pea, succulent ...................... 0.3 

Pineapple .............................. 0.1 

Salal ...................................... 40 

Strawberry ............................ 75 

Tomato .................................. 3 

Turnip, greens ...................... 40 

Turnip, roots ......................... 15 

Vegetable, brassica, leafy, 

group 5 .............................. 60 

Vegetable, cucurbit, group 9 15 

Vegetable, leafy, except 

brassica, group 4 .............. 100 

* * * * * 

(c) * * * Tolerances with regional 

registration are established for residues 

of the fungicide aluminum tris(Oethylphosphonate), 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 aluminum tris(Oethylphosphonate), in or on the 

commodity. 

* * * * * 

8. Revise § 180.420 to read as follows: 

§ 180.420 Fluridone; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for residues of the herbicide 

fluridone, 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 fluridone, 1- 

methyl-3-phenyl-5-(3- 

(trifluoromethyl)phenyl)-4(1H)- 

pyridinone, and its bound residues, 

calculated as the stoichiometric 

equivalent of fluridone, in or on the 

commodity. 

Commodity Parts per million 

Crayfish ................................. 0.5 

Fish ....................................... 0.5 

(2) Tolerances are established for 

residues of the herbicide fluridone, 

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 fluridone, 1-methyl-3- 

phenyl-5-(3-(trifluoromethyl)phenyl)- 

4(1H)-pyridinone, in or on the 

commodity. 

Commodity Parts per million 

Cattle, fat .............................. 0.05 

Cattle, kidney ........................ 0.1 

Cattle, liver ............................ 0.1 

Cattle, meat .......................... 0.05 

Cattle, meat byproducts ....... 0.05 

Egg ....................................... 0.05 

Goat, fat ................................ 0.05 

Goat, kidney ......................... 0.1 

Goat, liver ............................. 0.1 

Goat, meat ............................ 0.05 

Goat, meat byproducts ......... 0.05 

Hog, fat ................................. 0.05 

Hog, kidney ........................... 0.1 

Hog, liver .............................. 0.1 

Hog, meat ............................. 0.05 

Hog, meat byproducts .......... 0.05 

Horse, fat .............................. 0.05 

Horse, kidney ........................ 0.1 

Horse, liver ........................... 0.1 

Horse, meat .......................... 0.05 

Horse, meat byproducts ....... 0.05 

Milk ....................................... 0.05 

Poultry, fat ............................ 0.05 

Poultry, kidney ...................... 0.01 

Poultry, liver .......................... 0.01 

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

Poultry, meat byproducts ...... 0.05 

Sheep, fat ............................. 0.05 

Sheep, kidney ....................... 0.1 

Sheep, liver ........................... 0.1 

Sheep, meat ......................... 0.05 

Sheep, meat byproducts ...... 0.05 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

Tolerances are established for indirect 

or inadvertent residues of the herbicide 

fluridone, including its metabolites and 

degradates, in or on the irrigated crop 

commodities and crop groupings in the 

table in this paragraph, resulting from 

use of irrigation water containing 

residues of 0.15 ppm following 

applications of fluridone on or around 

aquatic sites. Where tolerances are 

established at higher levels from other 

uses of fluridone on the following crops, 

the higher tolerance also applies to 

residues in the irrigated commodity. 

Compliance with the tolerance levels 

specified in this paragraph is to be 

determined by measuring only 

fluridone, 1-methyl-3-phenyl-5-(3- 

(trifluoromethyl)phenyl)-4(1H)- 

pyridinone, in or on the commodity. 

Commodity Parts per million 

Animal feed, nongrass, 

group 18 ............................ 0.15 

Avocado ................................ 0.1 

Berry, group 13 ..................... 0.1 

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

Cranberry .............................. 0.1 

Fruit, citrus, group 10 ........... 0.1 

Fruit, pome, group 11 ........... 0.1 

Fruit, stone, group 12 ........... 0.1 

Grain, cereal, forage, fodder 

and straw, group 16 .......... 0.1 

Grain, cereal, group 15 ........ 0.1 

Grape .................................... 0.1 

Grass, forage ........................ 0.15 

Hop, dried cones .................. 0.1 

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

Okra ...................................... 0.1 

Strawberry ............................ 0.1 

Vegetable, brassica, leafy, 

group 5 .............................. 0.1 

Vegetable, cucurbit, group 9 0.1 

Vegetable, fruiting, group 8 .. 0.1 

Vegetable, leafy, except 

brassica, group 4 .............. 0.1 

Vegetable, leaves of root 

and tuber, group 2 ............ 0.1 

Vegetable, legume, group 6 0.1 

Vegetable, root and tuber, 

group 1 .............................. 0.1 

9. In § 180.421 revise the introductory 

text in paragraph (a) to read as follows: 

§ 180.421 Fenarimol; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the fungicide fenarimol, 

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 fenarimol, alpha-(2- 

chlorophenyl)-alpha-(4-chlorophenyl)-5- 


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pyrimidinemethanol, in or on the 

commodity. 

* * * * * 

10. In § 180.425 revise the 

introductory text in paragraph (a) to 

read as follows. 

§ 180.425 Clomazone; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide clomazone, 

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 clomazone, 2-(2-chloro

phenyl)methyl-4,4-dimethyl-3-isoxa

zolidinone, in or on the commodity. 

* * * * * 

11. Section 180.430 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise the introductory text in 

paragraph (b). 

The revised text reads as follows: 

§ 180.430 Fenoxaprop-ethyl; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide 

fenoxaprop-ethyl, 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 fenoxapropethyl, (±)-ethyl 2-[4-[(6-chloro-2-benzoxa

zolyl)oxy]phenoxy]propanoate, and its 

metabolites, 2-[4-[(6-chloro-2-benzoxa

zolyl)oxy]phenoxy]propanoic acid and 

6-chloro-2,3-dihydrobenzoxazol-2-one, 

calculated as the stoichiometric 

equivalent of fenoxaprop-ethyl, in or on 

the commodity. 

* * * * * 

(b) * * * Time-limited tolerances 

are established for residues of the 

herbicide fenoxaprop-ethyl, including 

its metabolites and degradates, in or on 

the commodities in the table in this 

paragraph in connection with use of 

fenoxaprop-ethyl under section 18 

emergency exemptions granted by EPA. 

Compliance with the tolerance levels 

specified in this paragraph is to be 

determined by measuring only the sum 

of fenoxaprop-ethyl, (±)-ethyl 2-[4-[(6- 

chloro-2-benzoxazolyl)oxy]phenoxy]

propanoate, and its metabolites, 2-[4-[(6- 

chloro-2-benzoxazolyl)oxy]phenoxy]

propanoic acid and 6-chloro-2,3-di

hydrobenzoxazol-2-one, calculated as 

the stoichiometric equivalent of 

fenoxaprop-ethyl, in or on the 

commodity. The tolerances expire and 

are revoked on the dates specified in the 

table in this paragraph. 

* * * * * 

12. Section 180.432 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise the introductory text in 

paragraph (c). 

The revised text reads as follows: 

§ 180.432 Lactofen; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide lactofen, 

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 lactofen, 2-ethoxy-1-

methyl-2-oxoethyl 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2-nitro

benzoate, in or on the commodity. 

* * * * * 

(c) * * * Tolerances with regional 

registration are established for residues 

of the herbicide lactofen, 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 lactofen, 2-ethoxy-1- 

methyl-2-oxoethyl 5-[2-chloro-4- 

(trifluoromethyl)phenoxy]-2-nitro

benzoate, in or on the commodity. 

* * * * * 

13. In § 180.433 revise the 

introductory text in paragraph (a) to 

read as follows. 

§ 180.433 Fomesafen; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide fomesafen, 

including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph from the 

application of its sodium salt. 

Compliance with the tolerance levels 

specified in this paragraph is to be 

determined by measuring only 

fomesafen, 5-(2-chloro-4-(trifluoro

methyl)phenoxy)-N-(methylsulfonyl)-2- 

nitrobenzamide, in or on the 

commodity. 

* * * * * 

14. Section 180.446 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise the introductory text in 

paragraph (a)(2). 

The revised text reads as follows: 

§ 180.446 Clofentezine; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

insecticide clofentezine, 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 clofentezine, 3,6-bis(2- 

chlorophenyl)-1,2,4,5-tetrazine, in or on 

the commodity. 

* * * * * 

(2) Tolerances are established for 

residues of the insecticide clofentezine, 

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 clofentezine, 

3,6-bis(2-chlorophenyl)-1,2,4,5-tetra

zine, and its metabolite, 3-(2-chloro-4- 

hydroxyphenyl)-6-(2-chlorophenyl)- 

1,2,4,5-tetrazine, calculated as the 

stoichiometric equivalent of 

clofentezine, in or on the commodity. 

* * * * * 

15. Revise § 180.458 to read as 

follows: 

§ 180.458 Clethodim; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the herbicide 

clethodim, 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 clethodim, 2- 

[(1E)-1-[[[(2E)-3-chloro-2-propenyl]

oxy]imino]propyl]-5-[2-(ethylthio)

propyl]-3-hydroxy-2-cyclohexen-1-one, 

and its metabolites containing the 5-(2- 

ethylthiopropyl)cyclohexene-3-one and 

5-(2-ethylthiopropyl)-5-hydroxycyclo

hexene-3-one moieties and their 

sulphoxides and sulphones, calculated 

as the stoichiometric equivalent of 

clethodim, in or on the commodity. 

Commodity Parts per million 

Alfalfa, forage ....................... 6.0 

Alfalfa, hay ............................ 10 

Artichoke, globe .................... 1.2 

Asparagus ............................. 1.7 

Bean, dry, seed .................... 2.5 

Beet, sugar, molasses .......... 1.0 

Beet, sugar, roots ................. 0.20 

Beet, sugar, tops .................. 1.0 

Brassica, head and stem, 

subgroup 5A ...................... 3.0 

Brassica, leafy greens, subgroup 5B ........................... 3.0 

Bushberry subgroup 13-07B 0.20 

Caneberry subgroup 13-07A 0.30 


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Commodity Parts per million 

Canola, meal ........................ 1.0 

Canola, seed ........................ 0.50 

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

Cattle, meat .......................... 0.2 

Cattle, meat byproducts ....... 0.2 

Clover, forage ....................... 10.0 

Clover, hay ........................... 20.0 

Corn, field, forage ................. 0.2 

Corn, field, grain ................... 0.2 

Corn, field, stover ................. 0.2 

Cotton, meal ......................... 2.0 

Cotton, undelinted seed ....... 1.0 

Cranberry .............................. 0.50 

Egg ....................................... 0.2 

Flax, meal ............................. 1.0 

Flax, seed ............................. 0.6 

Goat, fat ................................ 0.2 

Goat, meat ............................ 0.2 

Goat, meat byproducts ......... 0.2 

Herb subgroup 19A .............. 12.0 

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

Hog, meat ............................. 0.2 

Hog, meat byproducts .......... 0.2 

Hop, dried cones .................. 0.5 

Horse, fat .............................. 0.2 

Horse, meat .......................... 0.2 

Horse, meat byproducts ....... 0.2 

Leaf petioles subgroup 4B ... 0.60 

Leafy greens subgroup 4A ... 2.0 

Melon subgroup 9A .............. 2.0 

Milk ....................................... 0.05 

Mustard, seed ....................... 0.50 

Onion, bulb ........................... 0.20 

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

Peach .................................... 0.20 

Peanut .................................. 3.0 

Peanut, hay .......................... 3.0 

Peanut, meal ........................ 5.0 

Peppermint, tops .................. 5.0 

Potato ................................... 0.5 

Potato, granules/flakes ......... 2.0 

Poultry, fat ............................ 0.2 

Poultry, meat ........................ 0.2 

Poultry, meat byproducts ...... 0.2 

Radish, tops .......................... 0.70 

Safflower, meal ..................... 10.0 

Safflower, seed ..................... 5.0 

Sesame, seed ....................... 0.35 

Sheep, fat ............................. 0.2 

Sheep, meat ......................... 0.2 

Sheep, meat byproducts ...... 0.2 

Soybean ................................ 10.0 

Soybean, soapstock ............. 15.0 

Spearmint, tops .................... 5.0 

Squash/cucumber subgroup 

9B ...................................... 0.50 

Strawberry ............................ 3.0 

Sunflower, meal .................... 10.0 

Sunflower, seed .................... 5.0 

Turnip, greens ...................... 3.0 

Vegetable, fruiting, group 8 .. 1.0 

Vegetable, legume, group 6, 

except soybean ................. 3.5 

Vegetable, root, except 

sugar beet, subgroup 1B .. 1.0 

Vegetable, tuberous and 

corm, subgroup 1C ........... 1.0 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

16. In § 180.462 revise the 

introductory text in paragraph (a) to 

read as follows: 

§ 180.462 Pyridate; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide pyridate, 

including 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 pyridate, O- 

(6-chloro-3-phenyl-4-pyridazinyl)-Soctyl-carbonothioate, and its 

metabolites, 6-chloro-3-phenylpyridazine-4-ol and conjugates of 6- 

chloro-3-phenyl-pyridazine-4-ol, 

calculated as the stoichiometric 

equivalent of pyridate, in or on the 

commodity. 

* * * * * 

17. Section 180.463 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise the introductory text in 

paragraph (b). 

The revised text reads as follows: 

§ 180.463 Quinclorac; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide quinclorac, 

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 quinclorac, 3,7- 

dichloro-8-quinolinecarboxylic acid, in 

or on the commodity. 

* * * * * 

(b) * * * Time-limited tolerances 

are established for residues of the 

herbicide quinclorac, 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 quinclorac, 3,7- 

dichloro-8-quinolinecarboxylic acid, in 

or on the commodity. The tolerance 

expires and is revoked on the date 

specified in the table in this paragraph. 

* * * * * 

18. Revise § 180.468 to read as 

follows: 

§ 180.468 Flumetsulam; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the herbicide 

flumetsulam, 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 flumetsulam, N-(2,6- 

difluorophenyl)-5-methyl-(1,2,4)-tria

zolo-(1,5a)-pyrimidine-2-sulfonamide, 

in or on the commodity. 

Commodity Parts per million 

Bean, dry, seed .................... 0.05 

Corn, field, forage ................. 0.05 

Corn, field, grain ................... 0.05 

Corn, field, stover ................. 0.05 

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

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

19. Section 180.473 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a); 

ii. Revise the introductory text in 

paragraph (d). 

The revised text reads as follows: 

§ 180.473 Glufosinate; tolerances for 

residues. 

(a) * * * Tolerances are established 

for residues of the herbicide glufosinate 

ammonium, 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 glufosinate 

ammonium, 2-amino-4-(hydroxy

methylphosphinyl)butanoic acid 

monoammonium salt, and its 

metabolites, 2-acetamido-4-methyl

phosphinicobutanoic acid and 3-methyl

phosphinicopropionic acid, calculated 

as the stoichiometric equivalent of 2- 

amino-4-(hydroxymethylphos

phinyl)butanoic acid, in or on the 

commodity. 

* * * * * 

(d) * * * Tolerances are established 

for indirect or inadvertent residues of 

the herbicide glufosinate ammonium, 

including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph when present 

therein as a result of the application of 

glufosinate ammonium to crops listed in 

paragraph (a) of this section. 

Compliance with the tolerance levels 

specified in this paragraph is to be 

determined by measuring only the sum 

of glufosinate ammonium, 2-amino-4- 

(hydroxymethylphosphinyl)butanoic 

acid monoammonium salt, and its 

metabolite, 3-methylphosphinico


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Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 44197 

propionic acid, calculated as the 

stoichiometric equivalent of 2-amino-4- 

(hydroxymethylphosphinyl)butanoic 

acid, in or on the commodity. 

* * * * * 

20. In §180.477 revise the 

introductory text in paragraph (a) to 

read as follows: 

§ 180.477 Flumiclorac pentyl; tolerances 

for residues. 

(a) * * * Tolerances are established 

for residues of the herbicide flumiclorac 

pentyl, 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 flumiclorac pentyl, 

pentyl(2-chloro-4-fluoro-5-(1,3,4,5,6,7- 

hexahydro-1,3-dioxo-2H-isoindol-2-yl)

phenoxy)acetate, in or on the 

commodity. 

* * * * * 

21. Section 180.482 is amended as 

follows: 

i. Revise the introductory text in 

paragraph (a)(1); 

ii. Revise the introductory text in 

paragraph (a)(2); 

iii. Revise paragraph (b); 

iv. Revise the introductory text in 

paragraph (d). 

The revised text reads as follows: 

§ 180.482 Tebufenozide; tolerances for 

residues. 

(a) * * * (1) Tolerances are 

established for residues of the 

insecticide tebufenozide, 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 tebufenozide, 3,5- 

dimethylbenzoic acid 1-(1,1-dimethyl

ethyl)-2-(4-ethylbenzoyl)hydrazide, in 

or on the commodity. 

* * * * * 

(2) Tolerances are established for 

residues of the insecticide tebufenozide, 

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 

tebufenozide, 3,5-dimethylbenzoic acid 

1-(1,1-dimethylethyl)-2-(4-ethyl

benzoyl)hydrazide, and its metabolites, 

3,5-dimethylbenzoic acid 1-(1,1- 

dimethylethyl)-2-((4-carboxymethyl)ben

zoyl)hydrazide, 3-hydroxymethyl-5- 

methylbenzoic acid 1-(1,1-dimethyl

ethyl)-2-(4-ethylbenzoyl)hydrazide, 

stearic acid conjugate of 3-hydroxy

methyl-5-methylbenzoic acid 1-(1,1- 

dimethylethyl)-2-(4-ethylbenzoyl)hydra

zide, and 3-hydroxymethyl-5-methyl

benzoic acid 1-(1,1-dimethylethyl)-2-(4- 

(1-hydroxyethyl)benzoyl)hydrazide, 

calculated as the stoichiometric 

equivalent of tebufenozide, in or on the 

commodity. 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved] 

* * * * * 

(d) * * * Tolerances are established 

for indirect or inadvertent residues of 

the insecticide tebufenozide, including 

its metabolites and degradates, in or on 

the commodities in the table in this 

paragraph when present therein as a 

result of the application of tebufenozide 

to growing crops listed in paragraph 

(a)(1) of this section. Compliance with 

the tolerance levels specified in this 

paragraph is to be determined by 

measuring only the sum of 

tebufenozide, 3,5-dimethylbenzoic acid 

1-(1,1-dimethylethyl)-2-(4-ethyl

benzoyl)hydrazide, and its metabolite, 

3,5-dimethylbenzoic acid 1-(1,1- 

dimethylethyl)-2-(4-(1-hydroxy

ethyl)benzoyl)hydrazide calculated as 

the stoichiometric equivalent of 

tebufenozide, in or on the commodity. 

* * * * * 

22. Revise § 180.486 to read as 

follows: 

§ 180.486 Chlorethoxyfos; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the 

insecticide chlorethoxyfos, 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 chlorethoxyfos, O,Odiethyl O-(1,2,2,2-tetrachloroethyl) 

phosphorothioate, in or on the 

commodity. 

Commodity Parts per million 

Corn, field, forage ................. 0.01 

Corn, field, grain ................... 0.01 

Corn, field, stover ................. 0.01 

Corn, pop, grain .................... 0.01 

Corn, pop, stover .................. 0.01 

Corn, sweet, forage .............. 0.01 

Corn, sweet, kernel plus cob 

with husks removed .......... 0.01 

Corn, sweet, stover .............. 0.01 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

23. In § 180.541 revise paragraph (a) 

to read as follows: 

§ 180.541 Propetamphos; tolerances for 

residues. 

(a) General. A tolerance of 0.1 part per 

million is established for residues of the 

insecticide propetamphos, including its 

metabolites and degradates, in or on 

food or feed commodities when present 

therein as a result of the treatment of 

food- or feed-handling establishments 

with propetamphos. Direct application 

shall be limited solely to spot and/or 

crack and crevice treatment in food- or 

feed-handling establishments where 

food or feed and food or feed products 

are held, processed, prepared, served, or 

sold. Spray and dust concentrations 

shall be limited to a maximum of 1 

percent active ingredient. For crack and 

crevice treatment, equipment capable of 

delivering a dust or a pin-stream of 

spray directly into cracks and crevices 

shall be used. For spot treatment, a 

coarse, low-pressure spray shall be used 

to avoid contamination of food, feed, or 

food-contact/feed-contact surfaces. 

Compliance with the tolerance level 

specified in this paragraph is to be 

determined by measuring only 

propetamphos, 1-methylethyl-(2E)-3- 

((ethylamino)methoxyphosphinothioyl)

oxy)-2-butenoate, in or on the 

commodity. 

* * * * * 

24. In § 180.596 revise the 

introductory text in paragraph (a) to 

read as follows: 

§ 180.596 Fosthiazate; tolerances for 

residues. 

(a) * * * A tolerance is established 

for residues of the insecticide 

fosthiazate, including its metabolites 

and degradates, in or on the commodity 

in the table in this paragraph. 

Compliance with the tolerance level 

specified in this paragraph is to be 

determined by measuring only the sum 

of fosthiazate, O-ethyl S-(1-methyl

propyl)(2-oxo-3-thiazolidinyl)phos

phonothioate, and its metabolite, Oethyl S-(1-methylpropyl)(2-(methyl

sulfonyl)ethyl)phosphoramidothioate, 

calculated as the stoichiometric 

equivalent of fosthiazate, in or on the 

commodity. 

* * * * * 

25. Revise § 180.620 to read as 

follows: 

§ 180.620 Etofenprox; tolerances for 

residues. 

(a) General. A tolerance is established 

for residues of the insecticide 

etofenprox, 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 


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44198 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 

etofenprox, 2-(4-ethoxyphenyl)-2- 

methylpropyl 3-phenoxybenzyl ether, in 

or on the commodity. 

Commodity Parts per million 

Rice, grain ............................ 0.01 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2010–18373 Filed 7–27–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2009–0686; FRL–8828–3] 

RIN 2070–AB27 

Proposed Significant New Use Rule for 

Multi-walled Carbon Nanotubes; 

Reopening of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: EPA issued a proposed rule in 

the Federal Register of February 3, 

2010, concerning a proposed significant 

new use rule (SNUR) for the chemical 

substance identified generically as 

multi-walled carbon nanotubes (P–08– 

199). In order to address public 

comments, EPA is adding information to 

the docket and reopening the comment 

period. This document reopens the 

comment period for 30 days. 

DATES: Comments, identified by docket 

identification (ID) number EPA–HQ– 

OPPT–2009–0686, must be received on 

or before August 27, 2010. 

ADDRESSES: Follow the detailed 

instructions as provided under 

ADDRESSES in the Federal Register 

document of February 3, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Jim 

Alwood, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8974; e-mail address: 

alwood.jim@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document reopens the public comment 

period established in the Federal 

Register of February 3, 2010 (75 FR 

5546) (FRL–8796–7). In that document, 

EPA proposed a SNUR for the chemical 

substance identified generically as 

multi-walled carbon nanotubes as 

identified in Premanufacture Notice 

(PMN) P–08–199. EPA received several 

comments in response to the proposed 

SNUR. EPA will address those 

comments when it issues the final 

SNUR. One commenter noted that 

neither the proposed rule nor the docket 

contained specific carbon nanotube data 

or data supporting the nature of the 

dermal concern for carbon nanotubes. 

That commenter stated it was not 

possible to assess the Agency’s 

evaluation and determination under 

§ 721.170(b)(3)(ii) based on the current 

record. Another commenter noted that 

EPA’s subsequent reviews and concerns 

for carbon nanotubes have expanded 

and that the proposed SNUR should 

reflect those updated data. EPA has 

added additional explanation and 

references of its health and 

environmental concerns for carbon 

nanotubes to the public docket for 

consideration. EPA is hereby reopening 

the comment period for 30 days to allow 

for any public comments in response to 

this additional data. 

To submit comments, or access the 

docket, please follow the detailed 

instructions as provided under 

ADDRESSES in the February 3, 2010 

Federal Register document. If you have 

questions, consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting, and 

recordkeeping requirements. 

Dated: July 15, 2010. 

Wendy C. Hamnett, 

Director, Office of Pollution Prevention and 

Toxics. 

[FR Doc. 2010–18543; Filed 7–27–10; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 10–148; FCC 10–130] 

Implementation of Section 203 of the 

Satellite Television Extension and 

Localism Act of 2010 (STELA); 

Amendments to Section 340 of the 

Communications Act 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes changes to its 

satellite television ‘‘significantly 

viewed’’ rules to implement Section 203 

of the Satellite Television Extension and 

Localism Act of 2010 (STELA). Section 

203 of the STELA amends Section 340 

of the Communications Act, which gives 

satellite carriers the authority to offer 

out-of-market but ‘‘significantly viewed’’ 

broadcast television network stations as 

part of their local service to subscribers. 

The STELA requires the Commission to 

issue final rules in this proceeding on or 

before November 24, 2010. 

DATES: Comments are due on or before 

August 17, 2010; reply comments are 

due on or before August 27, 2010. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 10–148, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Electronic Comment 

Filing System (ECFS) Web Site: http:// 

fjallfoss.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• Mail: All filings must be addressed 

to the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530; or TTY: 202– 

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

section V. ‘‘PROCEDURAL MATTERS’’ 

heading of the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, Evan Baranoff, 

Evan.Baranoff@fcc.gov, of the Media 

Bureau, Policy Division, (202) 418– 

7142. 


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