Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 43373 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 29, 2015. 

Mark Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320(c), the table is 

amended by revising the entry for 10– 

5.220 to read as follows: 

§ 52.1320 Identification of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA Approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.220 ...................................... Control of Petroleum Liquid Storage, Loading and Transfer.07/21/14 07/22/15 [Insert Federal 

Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–17853 Filed 7–21–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0212; FRL–9929–12] 

RIN 2070–ZA16 

Aldicarb, Alternaria destruens, 

Ampelomyces quisqualis, Azinphosmethyl, Etridiazole, Fenarimol, et al.; 

Proposed Tolerance and Tolerance 

Exemption Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing, in followup to canceled product registrations or 

uses, to revoke certain tolerances for 

acephate, aldicarb, azinphos-methyl, 

etridiazole, fenarimol, imazamethabenzmethyl, tepraloxydim, thiacloprid, 

thiazopyr, and tralkoxydim, and 

tolerance exemptions for certain 

pesticide active ingredients. Also, EPA 

is proposing to make minor revisions to 

the section heading and introductory 

text for Pythium oligandrum DV 74. In 

addition, in accordance with current 

Agency practice, EPA is proposing to 

make minor revisions to the tolerance 

expression for imazamethabenz-methyl, 

and remove expired tolerances and 

tolerance exemptions for certain 

pesticide active ingredients. 

DATES: Comments must be received on 

or before September 21, 2015. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0212, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Pesticide Re-Evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; email address: 

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 


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• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

http://www.epa.gov/dockets/ 

comments.html. 

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? 

EPA is proposing, in follow-up to 

canceled product registrations or uses, 

to revoke certain tolerances for the 

fungicides etridiazole and fenarimol; the 

herbicides imazamethabenz-methyl, 

tepraloxydim, thiazopyr, and 

tralkoxydim; the insecticides acephate, 

aldicarb, azinphos-methyl, and 

thiacloprid, in or on commodities listed 

in the regulatory text; and revoke certain 

tolerance exemptions for various 

microbial or biochemical pesticides. 

Also, EPA is proposing to make minor 

revisions to the section heading and 

introductory text for Pythium 

oligandrum DV 74. In addition, in 

accordance with current Agency 

practice, EPA is proposing to make 

minor revisions to the tolerance 

expression for imazamethabenz-methyl, 

and remove expired tolerances and 

tolerance exemptions for various 

pesticide active ingredients. 

In addition, EPA is proposing to 

revoke certain specific tolerances 

because either they are no longer 

needed or are associated with food uses 

that are no longer registered under 

FIFRA. Those instances where 

registrations were canceled were 

because the registrant failed to pay the 

required maintenance fee and/or the 

registrant voluntarily requested 

cancellation of one or more registered 

uses of the pesticide. It is EPA’s general 

practice to propose revocation of those 

tolerances for residues of pesticide 

active ingredients on crop uses for 

which there are no active registrations 

under FIFRA, unless any person in 

comments on the proposal indicates a 

need for the tolerance to cover residues 

in or on imported commodities or 

legally treated domestic commodities. 

1. Acephate. In the Federal Register 

notice of July 13, 2011 (76 FR 41250) 

(FRL–8879–7), EPA announced its 

receipt of voluntary requests by 

registrants to amend certain 

registrations, including amendments 

that would terminate the use of 

acephate on succulent beans as a food 

use on technical registrations for 

acephate. In the Federal Register notice 

of September 14, 2011 (76 FR 56753) 

(FRL–8888–2), EPA granted the 

requested amendments to terminate 

certain uses, including use of acephate 

on succulent beans as a food use. In late 

2012 and early 2013, EPA issued letters 

to registrants with end-use registrations 

for acephate use on succulent beans to 

explain that all end-use products 

needed amendment to prohibit such use 

as a food. Since then, all but three of 

those acephate product labels with a 

food use on succulent beans have been 

voluntarily amended with restrictions 

that prohibit use on succulent beans as 

a food. One of the remaining acephate 

products with use on succulent beans as 

a food is now canceled. In the Federal 

Register notice of March 12, 2015 (80 

FR 12996) (FRL–9923–27), EPA 

announced its receipt of voluntary 

requests by registrants to cancel certain 

product registrations, including certain 

acephate products, one of which is 

registered for use on succulent beans as 

a food. In the Federal Register notice of 

June 3, 2015 (80 FR 31596) (FRL–9926– 

88), EPA published a cancellation order 

in follow-up to the March 12, 2015 

notice and granted the requested 

product cancellations for acephate. 

Because the registrant ended the 

manufacture and distribution of these 

canceled acephate products about 6 to 7 

years ago, EPA believes that existing 

stocks for these canceled acephate 

products are now exhausted. Two of the 

remaining acephate products with food 

uses for succulent beans have labels that 

are in process to be amended, to 

prohibit such use as a food, and await 

approval by the Agency. One product’s 

label has been re-submitted for Agency 

review, while another product’s label, 

recently in review, needs to be sent back 

to the registrant for re-submission to the 

Agency. EPA expects that both acephate 

labels could be submitted and their 

amendments approved by the Agency 

before a final rule is published in the 

Federal Register in follow-up to this 

proposed rule. Upon completion of the 

amendments for the two acephate 

products in process, there would no 

longer be any active food uses for 

acephate on succulent beans and 

therefore no longer any need for the 

acephate tolerances on succulent beans. 

Therefore, EPA is proposing to revoke 

the tolerances for acephate in 40 CFR 

180.108(a)(1) and (a)(3) on bean, 

succulent. 

2. Aldicarb. In the Federal Register 

notice of October 8, 2008 (73 FR 58958) 

(FRL–8385–2), EPA announced its 

receipt of voluntary requests by 

registrants to cancel and amend certain 

product registrations, including deletion 

of the sorghum use for aldicarb from 

two registrations. In the Federal 

Register notice of May 20, 2009 (74 FR 

23690) (FRL–8412–8), EPA published a 

cancellation order and granted the 

requested amendments to terminate 

certain uses in follow-up to the October 

8, 2008 notice, including deletion of the 

sorghum uses for aldicarb from two 


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registrations. EPA permitted persons 

other than the registrant to sell, 

distribute, or use the existing stocks 

until supplies are exhausted. Also, in 

the Federal Register notice of December 

10, 2008 (73 FR 75105) (FRL–8393–7), 

EPA announced its receipt of voluntary 

requests by registrants to cancel certain 

product registrations, including the last 

aldicarb registration with sorghum use 

in the United States. In a letter to the 

registrant dated June 8, 2009, EPA 

cancelled the last aldicarb registration 

with sorghum use and permitted 

persons other than the registrant to sell, 

distribute, or use the existing stocks 

until supplies are exhausted. EPA 

believes that existing stocks regarding 

these three aldicarb registrations 

described herein are now exhausted. 

Therefore, EPA is proposing to revoke 

the tolerances for aldicarb in 40 CFR 

180.269(a) on sorghum, grain, bran; 

sorghum, grain, grain; and sorghum, 

grain, stover. 

3. Alternaria destruens strain 059. In 

the Federal Register of July 24, 2009 (74 

FR 36699) (FRL–8427–4), EPA 

published a list of cancellation orders 

issued for non-payment of the annual 

maintenance fee to keep pesticide 

registrations in effect. That list included 

cancellation orders for the last active 

registrations for Alternaria destruens 

strain 059. There have been no active 

registrations for over 5 years, and 

therefore the tolerance exemption for 

Alternaria destruens strain 059 is no 

longer needed and should be revoked. 

Consequently, EPA is proposing to 

revoke the tolerance exemption when 

used in or on all raw agricultural 

commodities for Alternaria destruens 

strain 059 in 40 CFR 180.1256. 

4. Azinphos-methyl (AZM). In the 

Federal Register notice of August 8, 

2007 (72 FR 44511) (FRL–8134–7), EPA 

announced its receipt of voluntary 

requests by registrants to cancel all 

remaining AZM products registered for 

use in the United States by September 

30, 2012. In the Federal Register notice 

of February 20, 2008 (73 FR 9328) (FRL– 

8349–8), as corrected on March 26, 2008 

(73 FR 16006) (FRL–8355–1), EPA 

published a cancellation order in 

follow-up to the August 8, 2007 notice, 

and granted the requested product 

cancellations for AZM. Among the AZM 

cancellations, EPA permitted 

distribution, sale, and use of existing 

stocks of the last AZM products (use on 

apples, blueberries, cherries, parsley, 

and pears) until September 30, 2012. On 

November 28, 2012 (77 FR 70998) (FRL– 

9363–9), EPA modified the cancellation 

order of February 20, 2008 to permit use 

of existing stocks of the last AZM 

products (use on apples, blueberries, 

cherries, parsley, and pears) until 

September 30, 2013. Because existing 

stocks may no longer be used, the 

tolerances are no longer needed and 

should be revoked. Consequently, EPA 

is proposing to revoke the tolerances for 

AZM in 40 CFR 180.154(a) on almond; 

almond, hulls; apple; blackberry; 

blueberry; boysenberry; Brussels 

sprouts; cherry; crabapple; loganberry; 

parsley, leaves; parsley, turnip rooted, 

roots; peach; pear; pistachio; plum, 

prune; quince; raspberry; and walnut. 

Also, EPA proposes to remove the AZM 

tolerance in 40 CFR 180.154(a) on 

cranberry which expired on December 

31, 2012. 

5. Butylate. Because the tolerances in 

40 CFR 180.232 for residues of butylate 

all expired on March 23, 2013, EPA 

proposes to remove that section in its 

entirety. 

6. Cacodylic acid. Because the sole 

tolerance in 40 CFR 180.311 for 

cacodylic acid residues of concern 

expired on January 1, 2012, EPA 

proposes to remove that section in its 

entirety. 

7. Chloroneb. Because the tolerances 

in 40 CFR 180.257 for chloroneb 

residues of concern all expired on April 

16, 2012, EPA proposes to remove that 

section in its entirety. 

8. Clofencet. Because the tolerances in 

40 CFR 180.497 for residues of clofencet 

all expired on July 14, 2012, EPA 

proposes to remove that section in its 

entirety. 

9. Delta endotoxin of Bacillus 

thuringiensis variety San Diego 

encapsulated into killed Pseudomonas 

fluorescens. In the Federal Register of 

November 6, 2003 (68 FR 62785) (FRL– 

7331–3), EPA published a list of 

cancellation orders issued for nonpayment of the annual maintenance fee 

to keep pesticide registrations in effect. 

That list included cancellation orders 

for the last active registration for the 

delta endotoxin of Bacillus thuringiensis 

variety San Diego. There have been no 

active registrations for over eleven 

years, and therefore the tolerance 

exemption for them is no longer needed 

and should be revoked. Consequently, 

EPA is proposing to revoke the tolerance 

exemption in or on all raw agricultural 

commodities for the delta endotoxin of 

Bacillus thuringiensis variety San Diego 

in 40 CFR 180.1108. 

10. 2,2-Dimethyl-1,3-benzodioxol-4-ol 

methylcarbamate. Because the two 

tolerances in 40 CFR 180.530 for 

residues of 2,2-dimethyl-1,3- 

benzodioxol-4-ol methylcarbamate 

expired on April 26, 2005, EPA 

proposes to remove that section in its 

entirety. 

11. Etridiazole (5-ethoxy-3- 

(trichloromethyl)-1,2,4-thiadiazole). In 

the Federal Register notice of November 

20, 2013 (78 FR 69666) (FRL–9902–40), 

EPA announced its receipt of voluntary 

requests by registrants to cancel certain 

product registrations, including the last 

etridiazole product registered for use on 

specific food commodities (barley, bean, 

corn, pea, peanut, safflower, sorghum, 

soybean, and wheat) in the United 

States. In the Federal Register notice of 

March 13, 2014 (79 FR 14247) (FRL– 

9905–37), EPA published a cancellation 

order in follow-up to the November 20, 

2013 notice and granted the requested 

product cancellations for etridiazole. 

EPA permitted the registrant to sell and 

distribute existing stocks of those 

etridiazole products until March 13, 

2015 and persons other than the 

registrant to sell, distribute, or use the 

existing stocks until supplies are 

exhausted. EPA believes that existing 

stocks are likely to be exhausted by 

March 13, 2016. However, as explained 

in Unit II.C., EPA is proposing that the 

actions herein become effective 6 

months after the date of publication of 

the final rule in the Federal Register. 

Consequently, EPA expects that the 

effective date of the final rule will occur 

after existing stocks are exhausted; i.e., 

after March 13, 2016. Therefore, EPA is 

proposing to revoke the tolerances for 

etridiazole (5-ethoxy-3- 

(trichloromethyl)-1,2,4-thiadiazole) in 

40 CFR 180.370(a) on barley, grain; 

barley, hay; corn, field, forage; corn, 

field, grain; corn, field, stover; corn, 

sweet, forage; corn, sweet, stover; 

peanut; peanut, hay; safflower, seed; 

sorghum, grain, forage; sorghum, grain, 

grain; vegetable, foliage of legume, 

group 7; vegetable, legume, group 6; 

wheat, forage; wheat, grain; and wheat, 

straw. 

12. Eucalyptus oil. Because timelimited tolerance exemptions in 40 CFR 

180.1241 for the use of the pesticide 

Eucalyptus oil on honey and 

honeycomb expired on June 30, 2007, 

EPA is proposing to remove them from 

40 CFR 180.1241, and remove that 

section in its entirety. 

13. Fenarimol. In the Federal Register 

notice of February 22, 2012 (77 FR 

10516) (FRL–9336–4), EPA announced 

its receipt of voluntary requests by 

registrants to cancel certain product 

registrations, including the last 

fenarimol products registered for use on 

specific food commodities (apple, 

cherry, grape, hazelnut, hops, pear, and 

pecan) in the United States. In the 

Federal Register notice of May 2, 2012 

(77 FR 26004) (FRL–9347–4), EPA 

published a cancellation order in 

follow-up to the February 22, 2012 


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notice and granted the requested 

product cancellations for fenarimol. 

EPA permitted the registrant to sell and 

distribute existing stocks of those 

fenarimol products until July 31, 2013 

and persons other than the registrant to 

sell and distribute existing stocks 

through July 31, 2015, and use the 

existing stocks until supplies are 

exhausted. EPA believes that existing 

stocks are likely to be exhausted by July 

31, 2016. Therefore, EPA is proposing to 

revoke the tolerances for fenarimol in 40 

CFR 180.421(a) on apple; apple, wet 

pomace; cattle, fat; cattle, kidney; cattle, 

meat; cattle, meat byproducts, except 

kidney; cherry, sweet; cherry, tart; goat, 

fat; goat, kidney; goat, meat; goat, meat 

byproducts, except kidney; grape; 

hazelnut; hop, dried cones; horse, fat; 

horse, kidney; horse, meat; horse, meat 

byproducts, except kidney; pear; pecan; 

sheep, fat; sheep, kidney; sheep, meat; 

and sheep, meat byproducts, except 

kidney; each with an expiration/

revocation date of July 31, 2016. 

Also, EPA is proposing to re-instate a 

footnote for the import tolerance on 

banana in 40 CFR 180.421(a), which was 

inadvertently removed on September 

15, 2006 (71 FR 54423) (FRL–8077–9), 

as shown in the regulatory text at the 

end of this document. 

14. Flusilazole. Because the tolerances 

in 40 CFR 180.630 for residues of 

flusilazole all expired on December 31, 

2010, EPA proposes to remove that 

section in its entirety. 

15. Gentamicin. Because the sole 

tolerance in 40 CFR 180.642 for residues 

of gentamicin expired on December 31, 

2010, EPA proposes to remove that 

section in its entirety. 

16. Imazamethabenz-methyl (2-(4- 

isopropyl-4-methyl-5-oxo-2-imidazolin2-yl)-p-toluate and methyl 6-(4- 

isopropyl-4-methyl-5-oxo-2-imidazolin2-yl)-m-toluate). In the Federal Register 

notice of May 20, 2014 (79 FR 28920) 

(FRL–9909–40), EPA announced its 

receipt of voluntary requests by 

registrants to cancel certain product 

registrations, including the last 

imazamethabenz-methyl products 

registered for use in or on food in the 

United States. In the Federal Register 

notice of August 6, 2014 (79 FR 45798) 

(FRL–9914–09), EPA published 

cancellation orders in follow-up to the 

May 20, 2014 notice, and granted the 

requested product cancellations for 

imazamethabenz-methyl. EPA permitted 

the registrant to sell and distribute 

existing stocks of one of the last 

imazamethabenz-methyl products for 

use in or on food until August 6, 2015 

and the other until December 31, 2015 

(per the registrant’s request). Persons 

other than the registrant were permitted 

to sell, distribute, or use existing stocks 

until supplies are exhausted. EPA 

believes that existing stocks are likely to 

be exhausted by December 31, 2016. 

Therefore, EPA is proposing to revoke 

the tolerances for imazamethabenzmethyl in 40 CFR 180.437 on barley, 

grain; barley, straw; sunflower, seed; 

wheat, grain; and wheat, straw; each 

with an expiration/revocation date of 

December 31, 2016, revise the section 

heading to imazamethabenz-methyl, and 

designate the existing introductory text 

as paragraph (a). In addition, in order to 

describe more clearly the measurement 

and scope or coverage of the tolerances, 

EPA is proposing to revise the text in 

newly designated paragraph (a) to read 

as set out in the proposed regulatory 

text at the end of this document. The 

revision would not substantively change 

the tolerance or, in any way, modify the 

permissible level of residues permitted 

by the tolerance. 

Also, in accordance with current 

Agency practice, EPA is proposing to 

revise 40 CFR 180.437 by adding 

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

reserving those sections for tolerances 

with section 18 emergency exemptions, 

regional registrations, and indirect or 

inadvertent residues, respectively. 

17. Kaolin. Because the time-limited 

tolerance exemption in 40 CFR 

180.1180(a) for the use of the pesticide 

kaolin on crops (apples, apricots, 

bananas, beans, cane berries, citrus 

fruits, corn, cotton, cranberries, 

cucurbits, grapes, melons, nuts, 

ornamentals, peaches, peanuts, pears, 

peppers, plums, potatoes, seed crops, 

small grains, soybeans, strawberries, 

sugar beets, and tomatoes) expired on 

December 31, 1999, EPA proposes to 

remove that paragraph and proposes to 

revise 40 CFR 180.1180(b) to 40 CFR 

180.1180. 

18. Lagenidium giganteum. In the 

Federal Register of September 28, 2011 

(76 FR 60025) (FRL–8889–7), EPA 

published a notice which granted 

registrant-requested cancellations. That 

list included cancellation orders for the 

last active registrations for Lagenidium 

giganteum. The registrant was permitted 

to sell and distribute existing pesticide 

stocks until September 28, 2012. 

Persons other than the registrant were 

permitted to sell, distribute, and use 

existing stocks until exhaustion. EPA 

believes that existing stocks are 

exhausted; i.e., more than 2 years after 

the registrant was no longer permitted to 

sell and distribute them, and therefore 

the tolerance exemptions for them are 

no longer needed and should be 

revoked. Consequently, EPA is 

proposing to revoke the tolerance 

exemptions for residues in or on 

aspirated grain fractions; grass, forage; 

grass, hay; rice, grain; rice, straw; 

soybean, seed; soybean, forage; soybean, 

hay; and rice, wild, grain for 

Lagenidium giganteum in 40 CFR 

180.1113. 

19. Methamidophos. Because the 

tolerances in 40 CFR 180.315 for 

residues of methamidophos all expired, 

some on December 31, 2012 and others 

on December 31, 2013, EPA proposes to 

remove that section in its entirety. 

20. Methyl parathion. Because the 

tolerances in 40 CFR 180.121 for 

residues of methyl parathion all expired 

on December 31, 2013, EPA proposes to 

remove that section in its entirety. 

21. Multiple active ingredients. In the 

Federal Register of October 27, 2004 (69 

FR 62666) (FRL–7683–7), EPA 

published a list of cancellation orders 

issued for non-payment of the annual 

maintenance fee to keep pesticide 

registrations in effect. That list included 

cancellation orders for the last active 

registrations for the following pesticide 

active ingredients: Delta endotoxin of 

Bacillus thuringiensis variety kurstaki 

encapsulated into killed Pseudomonas 

fluorescens, Ampelomyces quisqualis 

isolate M10, Candida oleophila isolate 

I-182, and CryIA(c) and CryIC derived 

delta-endotoxins of Bacillus 

thuringiensis var. kurstaki encapsulated 

in killed Pseudomonas fluorescens, and 

the expression plasmid and cloning 

vector genetic constructs. They have 

had no active registrations for over ten 

years, and therefore the tolerance 

exemptions for them are no longer 

needed and should be revoked. 

Consequently, EPA is proposing to 

revoke the tolerance exemptions for the 

following: Delta endotoxin of Bacillus 

thuringiensis variety kurstaki in 40 CFR 

180.1107, Ampelomyces quisqualis 

isolate M10 in 40 CFR 180.1131, 

Candida oleophila isolate I-182 in 40 

CFR 180.1144, and CryIA(c) and CryIC 

derived delta-endotoxins of Bacillus 

thuringiensis var. kurstaki encapsulated 

in killed Pseudomonas fluorescens, and 

the expression plasmid and cloning 

vector genetic constructs in 40 CFR 

180.1154. 

22. Phosalone. Because the tolerances 

in 40 CFR 180.263 for residues of 

phosalone all expired on September 30, 

2013, EPA proposes to remove that 

section in its entirety. 

23. Pseudomonas fluorescens strain 

PRA-25. Because the temporary 

tolerance exemption in 40 CFR 180.1200 

for the use of the pesticide 

Pseudomonas fluorescens strain PRA-25 

on peas, snap beans, and sweet corn 

expired on July 31, 2001, EPA proposes 

to remove that section in its entirety. 


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24. Pseudozyma flocculosa strain PFA22 UL. In the Federal Register of July 

27, 2011 (76 FR 44907) (FRL–8879–8), 

EPA published a list of cancellation 

orders issued for non-payment of the 

annual maintenance fee to keep 

pesticide registrations in effect. That list 

included cancellation orders for the last 

active registrations for Pseudozyma 

flocculosa strain PF-A22 UL. There have 

been no active registrations for over 3 

years, and therefore the tolerance 

exemption for them is no longer needed 

and should be revoked. Consequently, 

EPA is proposing to revoke the tolerance 

exemption when used in or on all food 

commodities for Pseudozyma flocculosa 

strain PF-A22 UL in 40 CFR 180.1221. 

25. Pythium oligandrum DV 74. EPA 

is proposing in 40 CFR 180.1275 to 

revise the section heading from 

‘‘Pythium’’ to ‘‘Pythium oligandrum DV 

74’’ and make minor grammatical, nonsubstantive revisions to the introductory 

text to read as set out in the proposed 

regulatory text at the end of this 

document. 

26. Tepraloxydim. In the Federal 

Register notice of May 20, 2014 (79 FR 

28920) (FRL–9909–40), EPA announced 

its receipt of voluntary requests by 

registrants to cancel certain product 

registrations, including the last 

tepraloxydim products registered for use 

in the United States. In the Federal 

Register notice of August 6, 2014 (79 FR 

45798) (FRL–9914–09), EPA published 

cancellation orders in follow-up to the 

May 20, 2014 notice, and granted the 

requested product cancellations for 

tepraloxydim. The registrant indicated 

to EPA that tepraloxydim products were 

never marketed in the United States 

since the time of first registration, and 

therefore provisions for them to sell and 

distribute existing stocks are not 

necessary. Persons other than the 

registrant were permitted by EPA to sell, 

distribute, or use existing stocks until 

supplies are exhausted. The registrant 

stated that the products will continue to 

be used in Canada through 2017 and 

requested that EPA maintain the 

existing tolerances through 2018 in 

order to avoid trade barriers of 

tepraloxydim-treated commodities such 

as canola and dried peas and beans. 

Consequently, EPA is proposing to 

revoke the tolerances in 40 CFR 

180.573(a)(1) on cotton, undelinted 

seed; cotton, gin byproducts; flax, seed; 

grain, aspirated fraction; pea and bean, 

dried shelled, except soybean, subgroup 

6C; soybean, seed; soybean, hulls; and 

sunflower subgroup 20B; each with an 

expiration/revocation date of December 

31, 2018. 

Also, EPA is proposing to revoke the 

tolerances in 40 CFR 180.573(a)(2) on 

cattle, fat; cattle, kidney; cattle, meat; 

cattle, meat byproducts, except kidney; 

egg; goat, fat; goat, kidney; goat, meat; 

goat, meat byproducts, except kidney; 

hog, fat; hog, kidney; hog, meat; hog, 

meat byproducts, except kidney; horse, 

fat; horse, kidney; horse, meat; horse, 

meat byproducts, except kidney; milk; 

poultry, fat; poultry, liver; poultry, 

meat; poultry, meat byproducts, except 

liver; sheep, fat; sheep, kidney; sheep, 

meat; and sheep, meat byproducts, 

except kidney; each with an expiration/ 

revocation date of December 31, 2018. 

In addition, EPA is proposing to 

revoke the tolerance in 40 CFR 

180.573(c) on canola, seed with an 

expiration/revocation date of December 

31, 2018. 

27. Thiacloprid. In the Federal 

Register notice of May 20, 2014 (79 FR 

28920) (FRL–9909–40), EPA announced 

its receipt of voluntary requests by 

registrants to cancel certain product 

registrations, including the last 

thiacloprid products registered for use 

in the United States. In the Federal 

Register notice of August 6, 2014 (79 FR 

45798) (FRL–9914–09), EPA published 

cancellation orders in follow-up to the 

May 20, 2014 notice, and granted the 

requested product cancellations for 

thiacloprid. EPA permitted the 

registrant to sell and distribute existing 

stocks of one of the last thiacloprid 

products until August 6, 2015 and the 

other until February 8, 2016 (per the 

registrant’s request). Persons other than 

the registrant were permitted to sell, 

distribute, or use existing stocks until 

supplies are exhausted. EPA believes 

that existing stocks are likely to be 

exhausted by February 8, 2017. 

Therefore, EPA is proposing to revoke 

the tolerances for thiacloprid in 40 CFR 

180.594(a) on apple, wet pomace; cattle, 

fat; cattle, kidney; cattle, liver; cattle, 

meat; cattle, meat byproducts; cherry 

subgroup 12–12A; cotton, gin 

byproducts; cotton, undelinted seed; 

fruit, pome, group 11; goat, fat; goat, 

kidney; goat, liver; goat, meat; goat, 

meat byproducts; horse, fat; horse, 

kidney; horse, liver; horse, meat; horse, 

meat byproducts; milk; peach subgroup 

12–12B; pepper; plum subgroup 12– 

12C; sheep, fat; sheep, kidney; sheep, 

liver; sheep, meat; sheep, meat 

byproducts; each with an expiration/

revocation date of February 8, 2017. 

28. Thiazopyr. In the Federal Register 

notice of June 13, 2012 (77 FR 35379) 

(FRL–9351–7), EPA announced its 

receipt of voluntary requests by the 

registrants to cancel certain product 

registrations, including the last 

thiazopyr products registered for use on 

specific food commodities (grapefruit 

and orange) in the United States. In the 

Federal Register notice of September 

12, 2012 (77 FR 56202) (FRL–9359–1), 

EPA published a cancellation order in 

follow-up to the June 13, 2012 notice 

and granted the requested product 

cancellations for thiazopyr. EPA 

permitted the registrant to sell and 

distribute existing stocks of those 

thiazopyr products until September 12, 

2013 and persons other than the 

registrant to sell, distribute, and use 

existing stocks until supplies are 

exhausted. EPA believes that existing 

stocks are now exhausted. Therefore, 

EPA is proposing to revoke the 

tolerances for thiazopyr in 40 CFR 

180.496 on grapefruit and orange, sweet. 

29. Tralkoxydim. In the Federal 

Register notices of June 12, 2013 (78 FR 

35268) (FRL–9388–5) and August 21, 

2013 (78 FR 51721) (FRL–9396–5), EPA 

announced its receipt of voluntary 

requests by registrants to cancel certain 

product registrations, including the last 

tralkoxydim products registered for use 

in the United States. In the Federal 

Register notices of September 20, 2013 

(78 FR 57850) (FRL–9396–3) and 

October 30, 2013 (78 FR 64938) (FRL– 

9403–2), EPA published cancellation 

orders in follow-up to the June 12, 2013 

and August 21, 2013 notices, 

respectively, and granted the requested 

product cancellations for tralkoxydim. 

EPA permitted the registrant to sell and 

distribute existing stocks of those last 

tralkoxydim products until November 1, 

2014 and persons other than the 

registrant to sell, distribute, or use 

existing stocks until supplies are 

exhausted. EPA believes that existing 

stocks are likely to be exhausted by 

November 1, 2015. However, as 

explained in Unit II.C., EPA is 

proposing that the actions herein 

become effective 6 months after the date 

of publication of the final rule in the 

Federal Register. Consequently, EPA 

expects that the effective date of the 

final rule will occur after the existing 

stocks are exhausted; i.e., after 

November 1, 2015. Therefore, EPA is 

proposing to revoke the tolerances for 

tralkoxydim in 40 CFR 180.548(a) on 

barley, grain; barley, hay; barley, straw; 

wheat, forage; wheat, grain; wheat, hay; 

and wheat, straw. 

30. Tralomethrin. Because the 

tolerances in 40 CFR 180.422 for 

tralomethrin residues of concern all 

expired on July 9, 2013, EPA proposes 

to remove that section in its entirety. 

31. Trichoderma harzianum strain 

T-39. In the Federal Register of August 

3, 2005 (70 FR 44637) (FRL–7726–4), 

EPA published a list of cancellation 

orders issued for non-payment of the 

annual maintenance fee to keep 

pesticide registrations in effect. That list 


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included cancellation orders for the last 

active registration for Trichoderma 

harzianum strain T-39. There have been 

no active registrations for over 9 years, 

and therefore the tolerance exemption 

for them is no longer needed and should 

be revoked. Consequently, EPA is 

proposing to revoke the tolerance 

exemption on all food commodities for 

Trichoderma harzianum strain T-39 in 

40 CFR 180.1201. 

32. Zucchini yellow mosaic virusweak strain. In the Federal Register of 

July 28, 2010 (75 FR 44240) (FRL–8835– 

2), EPA published a list of cancellation 

orders issued for non-payment of the 

annual maintenance fee to keep 

pesticide registrations in effect. That list 

included cancellation orders for the last 

active registration for Zucchini yellow 

mosaic virus-weak strain. There have 

been no active registrations for over 4 

years, and therefore the tolerance 

exemption for them is no longer needed 

and should be revoked. Consequently, 

EPA is proposing to revoke the tolerance 

exemption when used in or on all raw 

cucurbits for Zucchini yellow mosaic 

virus-weak strain in 40 CFR 180.1279. 

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, authorizes the establishment of 

tolerances, exemptions from tolerance 

requirements, modifications in 

tolerances, and revocation of tolerances 

for residues of pesticide chemicals in or 

on raw agricultural commodities and 

processed foods. Without a tolerance or 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under FFDCA 

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

food may not be distributed in interstate 

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

the pesticide must not only have 

appropriate tolerances under the 

FFDCA, but also must be registered 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), 7 U.S.C. 136 et seq. Food-use 

pesticides not registered in the United 

States must have tolerances in order for 

commodities treated with those 

pesticides to be imported into the 

United States. 

EPA’s general practice is to propose 

revocation of tolerances for residues of 

pesticide active ingredients on crops for 

which FIFRA registrations no longer 

exist and on which the pesticide may 

therefore no longer be used in the 

United States. EPA has historically been 

concerned that retention of tolerances 

that are not necessary to cover residues 

in or on legally treated foods may 

encourage misuse of pesticides within 

the United States. Nonetheless, EPA 

will establish and maintain tolerances 

even when corresponding domestic uses 

are canceled if the tolerances, which 

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

necessary to allow importation into the 

United States of food containing such 

pesticide residues. However, where 

there are no imported commodities that 

require these import tolerances, the 

Agency believes it is appropriate to 

revoke tolerances for unregistered 

pesticides in order to prevent potential 

misuse. 

Furthermore, as a general matter, the 

Agency believes that retention of import 

tolerances not needed to cover any 

imported food may result in 

unnecessary restriction on trade of 

pesticides and foods. Under FFDCA 

section 408, a tolerance may only be 

established or maintained if EPA 

determines that the tolerance is safe 

based on a number of factors, including 

an assessment of the aggregate exposure 

to the pesticide and an assessment of 

the cumulative effects of such pesticide 

and other substances that have a 

common mechanism of toxicity. In 

doing so, EPA must consider potential 

contributions to such exposure from all 

tolerances. If the cumulative risk is such 

that the tolerances in aggregate are not 

safe, then every one of these tolerances 

is potentially vulnerable to revocation. 

Furthermore, if unneeded tolerances are 

included in the aggregate and 

cumulative risk assessments, the 

estimated exposure to the pesticide 

would be inflated. Consequently, it may 

be more difficult for others to obtain 

needed tolerances or to register needed 

new uses. To avoid potential trade 

restrictions, the Agency is proposing to 

revoke tolerances for residues on crops 

uses for which FIFRA registrations no 

longer exist, unless someone expresses 

a need for such tolerances. Through this 

proposed rule, the Agency is inviting 

individuals who need these import 

tolerances to identify themselves and 

the tolerances that are needed to cover 

imported commodities. 

Parties interested in retention of the 

tolerances should be aware that 

additional data may be needed to 

support retention. These parties should 

be aware that, under FFDCA section 

408(f), if the Agency determines that 

additional information is reasonably 

required to support the continuation of 

a tolerance, EPA may require that 

parties interested in maintaining the 

tolerances provide the necessary 

information. If the requisite information 

is not submitted, EPA may issue an 

order revoking the tolerance at issue. 

C. When do these actions become 

effective? 

EPA is proposing that the actions 

herein become effective 6 months after 

the date of publication of the final rule 

in the Federal Register. EPA is 

proposing this effective date for these 

actions to allow a reasonable interval for 

producers in exporting members of the 

World Trade Organization’s (WTO’s) 

Sanitary and Phytosanitary (SPS) 

Measures Agreement to adapt to the 

requirements of a final rule. With the 

exception of the proposed revocation of 

tolerances with expiration dates for 

fenarimol, imazamethabenz-methyl, 

tepraloxydim, and thiacloprid, the 

Agency believes that existing stocks of 

pesticide products labeled for the uses 

associated with the tolerances proposed 

for revocation have been completely 

exhausted and that treated commodities 

have cleared the channels of trade. 

Where EPA is proposing revocation 

with expiration dates for fenarimol, 

imazamethabenz-methyl, tepraloxydim, 

and thiacloprid, the Agency believes 

that this revocation date allows users to 

exhaust stocks and allows sufficient 

time for passage of treated commodities 

through the channels of trade. If you 

have comments regarding existing 

stocks and whether the effective date 

allows sufficient time for treated 

commodities to clear the channels of 

trade, please submit comments as 

described under SUPPLEMENTARY

INFORMATION. 

Any commodities listed in this 

proposal treated with the pesticides 

subject to this proposal, and in the 

channels of trade following the 

tolerance revocations, shall be subject to 

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

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA, and 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates when the 

pesticide was applied to such food. 

III. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 


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possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for etridiazole, imazamethabenz-methyl, 

tepraloxydim, thiazopyr, and 

tralkoxydim. 

The Codex has established MRLs for 

acephate, in or on various commodities, 

including beans, except broad bean and 

soya bean at 5 milligrams/kilogram (mg/ 

kg). The beans, except broad bean and 

soya bean MRL is different than the 

tolerance established for alidicarb on 

succulent bean in the United States 

because of a difference in use pattern 

and/or agricultural practice. 

The Codex has established MRLs for 

aldicarb, in or on various commodities, 

including sorghum at 0.1 mg/kg, which 

is covered by a current U.S. tolerance at 

a higher level than the MRL, and 

sorghum straw and fodder, dry at 0.5 

mg/kg, which is the same as the U.S. 

tolerance. The sorghum MRL is different 

than the tolerance established for 

alidicarb in the United States because of 

a difference in use pattern and/or 

agricultural practice. 

The Codex has established MRLs for 

azinphos-methyl in or on various 

commodities, including almond hulls 

and blueberries at 5 m/kilogram (mg/

kg), cherries, peach, and plums 

(including prunes) at 2 mg/kg, and 

walnuts at 0.3 mg/kg. These MRLs are 

the same as the tolerances established 

for azinphos-methyl in the United 

States. 

The Codex has established MRLs for 

azinphos-methyl, in or on various 

commodities, including almonds and 

apple at 0.05 mg/kg (which are covered 

by current U.S. tolerances at a higher 

level than the MRLs), and pear at 2 mg/ 

kg. These MRLs are different than the 

tolerances established for azinphosmethyl in the United States because of 

differences in use patterns and/or 

agricultural practices. 

The Codex has established MRLs for 

fenarimol in or on various commodities, 

including cattle, liver at 0.05 mg/kg, 

cherries at 1 mg/kg, hops, dry at 5 mg/ 

kg, and pecan at 0.02 mg/kg. These 

MRLs are the same as the tolerances 

established for fenarimol in the United 

States. 

The Codex has established MRLs for 

fenarimol, in or on various 

commodities, including cattle kidney 

and cattle meat at 0.02 mg/kg; and 

grapes at 0.3 mg/kg. These MRLs are 

different than the tolerances established 

for fenarimol in the United States 

because of differences in use patterns 

and/or agricultural practices. 

The Codex has established MRLs for 

thiacloprid in or on various 

commodities, including cotton seed at 

0.02 mg/kg, peppers, sweet at 1 mg/kg, 

and stone fruits at 0.5 mg/kg (for U.S. 

tolerances on cherry subgroup and 

peach subgroup). These MRLs are the 

same as the tolerances established for 

thiacloprid in the United States. 

The Codex has established MRLs for 

thiacloprid, in or on various 

commodities, including milks at 0.05 

mg/kg; pome fruits at 0.7 mg/kg, and 

stone fruits at 0.5 mg/kg (for U.S. 

tolerance on plum subgroup). These 

MRLs are different than the tolerances 

established for thiacloprid in the United 

States because of differences in use 

patterns and/or agricultural practices. 

IV. Statutory and Executive Order 

Reviews 

In this proposed rule, EPA is 

proposing to revoke specific tolerances 

established under FFDCA section 408. 

The Office of Management and Budget 

(OMB) has exempted this type of action 

(e.g., tolerance revocation for which 

extraordinary circumstances do not 

exist) from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this proposed 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this proposed rule 

is not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). This proposed 

rule does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA) (44 U.S.C. 3501 et seq.), or 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). Nor does it require any special 

considerations as required by Executive 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994); or OMB review or any other 

Agency action under Executive Order 

13045, entitled ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997). This proposed rule does not 

involve any technical standards that 

would require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) (15 U.S.C. 272 note). 

Pursuant to the Regulatory Flexibility 

Act (RFA) (5 U.S.C. 601 et seq.), the 

Agency previously assessed whether 

revocations of tolerances might 

significantly impact a substantial 

number of small entities and concluded 

that, as a general matter, these actions 

do not impose a significant economic 

impact on a substantial number of small 

entities. This analysis was published in 

the Federal Register of December 17, 

1997 (62 FR 66020) (FRL–5753–1), and 

was provided to the Chief Counsel for 

Advocacy of the Small Business 

Administration. Taking into account 

this analysis, and available information 

concerning the pesticides listed in this 

proposed rule, the Agency hereby 

certifies that this proposed rule will not 

have a significant negative economic 

impact on a substantial number of small 

entities. In a memorandum dated May 

25, 2001, EPA determined that eight 

conditions must all be satisfied in order 

for an import tolerance or tolerance 

exemption revocation to adversely affect 

a significant number of small entity 

importers, and that there is a negligible 

joint probability of all eight conditions 

holding simultaneously with respect to 

any particular revocation. (This Agency 

document is available in the docket of 

this proposed rule). Furthermore, for the 

pesticides named in this proposed rule, 

the Agency knows of no extraordinary 

circumstances that exist as to the 

present proposed rule that would 

change EPA’s previous analysis. Any 

comments about the Agency’s 

determination should be submitted to 

the EPA along with comments on the 

proposed rule, and will be addressed 

prior to issuing a final rule. In addition, 

the Agency has determined that this 

proposed rule 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 


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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 proposed rule 

does not alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). For these same 

reasons, the Agency has determined that 

this proposed rule does not have any 

‘‘tribal implications’’ as described in 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

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 7, 2015. 

Jack E. Housenger, 

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. 

§ 180.108 [Amended] 

■ 2. In § 180.108, remove the entries for 

‘‘Bean, succulent’’ from the tables in 

paragraphs (a)(1) and (3). 

§§ 180.121, 180.154, 180.232, 180.257, and 

180.263 [Removed] 

■ 3. Remove §§ 180.121, 180.154, 

180.232, 180.257, and 180.263. 

§ 180.269 [Amended] 

■ 4. In § 180.269, remove the entries for 

‘‘Sorghum, grain, bran,’’ ‘‘Sorghum, 

grain, grain,’’ and ‘‘Sorghum, grain, 

stover,’’ from the table in paragraph (a). 

§§ 180.311 and 180.315 [Removed] 

■ 5. Remove §§ 180.311 and 180.315. 

■ 6. In § 180.370, revise the table in 

paragraph (a) to read as follows: 

§ 180.370 5-Ethoxy-3-(trichloromethyl)- 

1,2,4-thiadiazole; tolerances for residues. 

(a) * * * 

Commodity Parts per 

million 

Cotton, gin byproducts ......... 0.1 

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

Tomato .................................. 0.15 

* * * * * 

■ 7. In § 180.421, revise the table in 

paragraph (a) to read as follows: 

§ 180.421 Fenarimol; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Apple ........................................................................................................................................................................ 0.3 7/31/16 

Apple, wet pomace .................................................................................................................................................. 0.3 7/31/16 

Banana1 ................................................................................................................................................................... 0.25 None 

Cattle, fat ................................................................................................................................................................. 0.01 7/31/16 

Cattle, kidney ........................................................................................................................................................... 0.01 7/31/16 

Cattle, meat ............................................................................................................................................................. 0.01 7/31/16 

Cattle, meat byproducts, except kidney .................................................................................................................. 0.05 7/31/16 

Cherry, sweet ........................................................................................................................................................... 1.0 7/31/16 

Cherry, tart ............................................................................................................................................................... 1.0 7/31/16 

Goat, fat ................................................................................................................................................................... 0.01 7/31/16 

Goat, kidney ............................................................................................................................................................. 0.01 7/31/16 

Goat, meat ............................................................................................................................................................... 0.01 7/31/16 

Goat, meat byproducts, except kidney .................................................................................................................... 0.05 7/31/16 

Grape ....................................................................................................................................................................... 0.1 7/31/16 

Hazelnut ................................................................................................................................................................... 0.02 7/31/16 

Hop, dried cones ..................................................................................................................................................... 5.0 7/31/16 

Horse, fat ................................................................................................................................................................. 0.01 7/31/16 

Horse, kidney ........................................................................................................................................................... 0.01 7/31/16 

Horse, meat ............................................................................................................................................................. 0.01 7/31/16 

Horse, meat byproducts, except kidney .................................................................................................................. 0.05 7/31/16 

Pear ......................................................................................................................................................................... 0.1 7/31/16 

Pecan ....................................................................................................................................................................... 0.02 7/31/16 

Sheep, fat ................................................................................................................................................................ 0.01 7/31/16 

Sheep, kidney .......................................................................................................................................................... 0.01 7/31/16 

Sheep, meat ............................................................................................................................................................ 0.01 7/31/16 

Sheep, meat byproducts, except kidney ................................................................................................................. 0.05 7/31/16 

Vegetable, cucurbit, group 9 2 ................................................................................................................................. 0.20 None 

1There are no U.S. registrations for bananas as of April 26, 1995. 

2There are no U.S. registrations for cucurbit vegetable group 9 as of August 27, 2010. 


Lhorne on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 43381 

* * * * * 

§ 180.422 [Removed] 

■ 8. Remove § 180.422. 

■ 9. Revise § 180.437 to read as follows: 

§ 180.437 Imazamethabenz-methyl; 

tolerances for residues. 

(a) General. Tolerances are 

established for residues of the herbicide 

imazamethabenz-methyl, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph. Compliance with the 

tolerance levels specified in this 

paragraph is to be determined by 

measuring only imazamethabenz-methyl 

(methyl 2-[4,5-dihydro-4-methyl-4-(1- 

methylethyl)-5-oxo-1H-imidazol-2-yl]-4- 

methylbenzoate) or (methyl 2-[4,5- 

dihydro-4-methyl-4-(1-methylethyl)-5- 

oxo-1H-imidazol-2-yl]-5- 

methylbenzoate), as the sum of its paraand meta-isomers in or on the 

commodity. 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Barley, grain ............................................................................................................................................................. 0.10 12/31/16 

Barley, straw ............................................................................................................................................................ 2.00 12/31/16 

Sunflower, seed ....................................................................................................................................................... 0.10 12/31/16 

Wheat, grain ............................................................................................................................................................ 0.10 12/31/16 

Wheat, straw ............................................................................................................................................................ 2.00 12/31/16 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

§§ 180.496, 180.497, 180.530, and 180.548 

[Removed] 

■ 10. Remove §§ 180.496, 180.497, 

180.530, and 180.548. 

■ 11. In § 180.573, revise the table in 

paragraphs (a)(1), (a)(2), and (c) to read 

as follows: 

§ 180.573 Tepraloxydim; tolerances for 

residues. 

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

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Cotton, undelinted seed ........................................................................................................................................... 0.2 12/31/18 

Cotton, gin byproducts ............................................................................................................................................. 3.0 12/31/18 

Flax, seed ................................................................................................................................................................ 0.10 12/31/18 

Grain, aspirated fraction .......................................................................................................................................... 1200.0 12/31/18 

Pea and bean, dried shelled, except soybean, subgroup 6C 1 ............................................................................... 0.10 12/31/18 

Soybean, seed ......................................................................................................................................................... 6.0 12/31/18 

Soybean, hulls ......................................................................................................................................................... 8.0 12/31/18 

Sunflower subgroup 20B1 ....................................................................................................................................... 0.20 12/31/18 

1There are no U.S. registrations for commodities in this subgroup. 

(2) * * * 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Cattle, fat ................................................................................................................................................................. 0.15 12/31/18 

Cattle, kidney ........................................................................................................................................................... 0.50 12/31/18 

Cattle, meat ............................................................................................................................................................. 0.20 12/31/18 

Cattle, meat, byproducts, except kidney ................................................................................................................. 0.20 12/31/18 

Egg ........................................................................................................................................................................... 0.20 12/31/18 

Goat, fat ................................................................................................................................................................... 0.15 12/31/18 

Goat, kidney ............................................................................................................................................................. 0.50 12/31/18 

Goat, meat ............................................................................................................................................................... 0.20 12/31/18 

Goat, meat, byproducts, except kidney ................................................................................................................... 0.20 12/31/18 

Hog, fat .................................................................................................................................................................... 0.15 12/31/18 

Hog, kidney .............................................................................................................................................................. 0.50 12/31/18 

Hog, meat ................................................................................................................................................................ 0.20 12/31/18 

Hog, meat, byproducts, except kidney .................................................................................................................... 0.20 12/31/18 

Horse, fat ................................................................................................................................................................. 0.15 12/31/18 

Horse, kidney ........................................................................................................................................................... 0.50 12/31/18 

Horse, meat ............................................................................................................................................................. 0.20 12/31/18 

Horse, meat, byproducts, except kidney ................................................................................................................. 0.20 12/31/18 

Milk ........................................................................................................................................................................... 0.10 12/31/18 

Poultry, fat ................................................................................................................................................................ 0.30 12/31/18 

Poultry, liver ............................................................................................................................................................. 1.00 12/31/18 

Poultry, meat ............................................................................................................................................................ 0.20 12/31/18 

Poultry, meat byproducts, except liver .................................................................................................................... 0.20 12/31/18 

Sheep, fat ................................................................................................................................................................ 0.15 12/31/18 


Lhorne on DSK7TPTVN1PROD with PROPOSALS
43382 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Sheep, kidney .......................................................................................................................................................... 0.50 12/31/18 

Sheep, meat ............................................................................................................................................................ 0.20 12/31/18 

Sheep, meat byproducts, except kidney ................................................................................................................. 0.20 12/31/18 

* * * * * (c) * * * 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Canola, seed ............................................................................................................................................................ 0.50 12/31/18 

* * * * * 

■ 12. In § 180.594, revise the table in 

paragraph (a) to read as follows: 

§ 180.594 Thiacloprid; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Apple, wet pomace .................................................................................................................................................. 0.60 2/8/17 

Cattle, fat ................................................................................................................................................................. 0.020 2/8/17 

Cattle, kidney ........................................................................................................................................................... 0.050 2/8/17 

Cattle, liver ............................................................................................................................................................... 0.15 2/8/17 

Cattle, meat ............................................................................................................................................................. 0.030 2/8/17 

Cattle, meat byproducts ........................................................................................................................................... 0.050 2/8/17 

Cherry subgroup 12–12A ........................................................................................................................................ 0.5 2/8/17 

Cotton, gin byproducts ............................................................................................................................................. 11.0 2/8/17 

Cotton, undelinted seed ........................................................................................................................................... 0.020 2/8/17 

Fruit, pome, group 11 .............................................................................................................................................. 0.30 2/8/17 

Goat, fat ................................................................................................................................................................... 0.020 2/8/17 

Goat, kidney ............................................................................................................................................................. 0.050 2/8/17 

Goat, liver ................................................................................................................................................................ 0.15 2/8/17 

Goat, meat ............................................................................................................................................................... 0.030 2/8/17 

Goat, meat byproducts ............................................................................................................................................ 0.050 2/8/17 

Horse, fat ................................................................................................................................................................. 0.020 2/8/17 

Horse, kidney ........................................................................................................................................................... 0.050 2/8/17 

Horse, liver ............................................................................................................................................................... 0.15 2/8/17 

Horse, meat ............................................................................................................................................................. 0.030 2/8/17 

Horse, meat byproducts .......................................................................................................................................... 0.050 2/8/17 

Milk ........................................................................................................................................................................... 0.030 2/8/17 

Peach subgroup 12–12B ......................................................................................................................................... 0.5 2/8/17 

Pepper ..................................................................................................................................................................... 1.0 2/8/17 

Peach subgroup 12–12C ......................................................................................................................................... 0.05 2/8/17 

Sheep, fat ................................................................................................................................................................ 0.020 2/8/17 

Sheep, kidney .......................................................................................................................................................... 0.050 2/8/17 

Sheep, liver .............................................................................................................................................................. 0.15 2/8/17 

Sheep, meat ............................................................................................................................................................ 0.030 2/8/17 

Sheep, meat byproducts .......................................................................................................................................... 0.050 2/8/17 

* * * * * 

§ § 180.630, 180.642, 180.1107, 180.1108, 

180.1113, 180.1131, 180.1144, and 180.1154 

[Removed] 

■ 13. Remove § § 180.630, 180.642, 

180.1107, 180.1108, 180.1113, 180.1131, 

180.1144, and 180.1154. 

■ 14. Revise § 180.1180 to read as 

follows: 

§ 180.1180 Kaolin; exemption from the 

requirement of a tolerance. 

Kaolin is exempted from the 

requirement of a tolerance for residues 

when used on or in food commodities 

to aid in the control of insects, fungi, 

and bacteria (food/feed use). 

§ § 180.1200, 180.1201, 180.1221, 180.1241, 

and 180.1256 [Removed] 

■ 15. Remove §§ 180.1200, 180.1201, 

180.1221, 180.1241, and 180.1256. 

■ 16. Revise § 180.1275 to read as 

follows: 

§ 180.1275 Pythium oligandrum DV 74; 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established on all food/ 

feed commodities for residues of 

Pythium oligandrum DV 74 when the 

pesticide is used on food crops. 

§ 180.1279 [Removed] 

■ 17. Remove § 180.1279. 

[FR Doc. 2015–17628 Filed 7–21–15; 8:45 am] 

BILLING CODE 6560–50–P 


Lhorne on DSK7TPTVN1PROD with PROPOSALS