10518 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 

proposed rule with USDA officials and 

with one another. The issue-focused 

meeting(s) will be open to the public 

and announced in advance in the 

Federal Register. The proceedings will 

be transcribed, and the transcripts will 

be made part of the rulemaking record. 

The meeting(s) is intended to provide a 

forum for all interested parties to attend 

and participate in all the discussions to 

foster focused, substantive dialogue on 

the key issues. 

Tentatively identified agenda items 

for consideration at the April issue 

meeting(s) include the four issues 

outlined above from the January 16, 

2009 Federal Register notice. 

Extension of Comment Period 

APHIS is extending the comment 

period for the proposed rule, which 

currently closes on March 17, 2009, 

until 60 days following the April 

meeting(s) in order to include in the 

administrative record the transcripts of 

the scoping session and public 

meeting(s), written comments submitted 

by persons unable to attend the 

meeting(s), and other written comments 

submitted by interested parties on the 

matters addressed at the public 

meeting(s). Persons wishing to submit 

written comments on the proposed rule 

may continue to do so until 60 days 

after the April public meeting(s) through 

the Regulations.gov Web site (see 

footnote 1). The new date for the close 

of the comment period will be provided 

in our notice announcing the date and 

other details of the April 2009 issue 

meeting(s). We will accept all comments 

we receive between March 18, 2009 (the 

day after the close of the current 

comment period) and the date of the 

notice that we will publish to announce 

the date(s) of April 2009 issue 

meeting(s) and formally reopen the 

comment period. 

Done in Washington, DC, this 9th day of 

March 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–5372 Filed 3–9–09; 4:15 pm] 

BILLING CODE 3410–34–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0923; FRL–8397–7] 

Exemptions From the Requirement of 

a Tolerance; Proposed Technical 

Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; technical 

amendments. 

SUMMARY: This document proposes 

minor technical revisions of certain 

commodity terms listed under 40 CFR 

part 180, subpart D. EPA is proposing 

this action to eventually establish a 

uniform listing of commodity terms. 

DATES: Comments must be received on 

or before May 11, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0923, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’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–2008– 

0923. 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 

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 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. 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: 

Stephen Morrill, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8319; fax number: (703) 308– 

7026; e-mail address: morrill.stephen 

@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 


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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 10519 

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. 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. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0923. 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 Office of 

Pesticide Programs (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. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

What Action Is the Agency Taking? 

EPA’s Office of Pesticide Programs 

(OPP) has developed a commodity 

vocabulary database entitled Food and 

Feed Commodity Vocabulary. The 

database was developed to consolidate 

all the major OPP commodity 

vocabularies into one standardized 

vocabulary. As a result, all future 

pesticide tolerances issued under 40 

CFR part 180 will use the ‘‘preferred 

commodity term’’ as listed in the 

aforementioned database. This is the 

ninth in a series of documents revising 

the terminology of commodity terms 

listed under 40 CFR part 180. Eight final 

rules, revising pesticide tolerance 

nomenclature, have published in the 

Federal Register: June 19, 2002 (67 FR 

41802) (FRL–6835–2); June 21, 2002 (67 

FR 42392) (FRL–7180–1); July 1, 2003 

(68 FR 39428) (FRL–7308–9) and (68 FR 

39435) (FRL–7316–9); December 13, 

2006 (71 FR 74802) (FRL–8064–3); 

September 18, 2007 (72 FR 53134) 

(FRL–8126–5) corrected on October 31, 

2007 (72 FR 61535) (FRL–8151–4); and 

October 10, 2008, (73 FR 60151) (FRL– 

8376–1). This revision process will 

establish a uniform presentation of 

existing commodity terms under 40 CFR 

part 180. 

This document proposes many 

revisions to the commodity terms in 40 

CFR part 180, subpart D. These 

proposed revisions, if adopted, would 

replace certain commodity terms that 

are no longer used by EPA with the 

appropriate matching term in the ‘‘Food 

and Feed Vocabulary.’’ The sections 

affected are listed in the Table. 

In Section In paragraph Remove the term Add in its place the term 

180.1011 (b) beeswax and honey honey and honeycomb 

180.1019 (b) meat cattle, meat; goat, meat; hog, 

meat; horse, meat; sheep, meat; 

180.1019 (b) poultry poultry, fat; poultry, meat; poultry, 

meat, byproducts 

180.1019 (b) eggs egg 

180.1020 (a) Commodity list Bean, dry, edible Bean, dry, seed 

180.1020 (a) Corn, fodder Corn, field, stover; Corn, pop, stover; 

180.1020 (a) Corn, forage Corn, field, forage 

180.1020 (a) Corn, grain Corn, field, grain; Corn, pop, grain 

180.1020 (a) Cottonseed Cotton, undelinted, seed 

180.1020 (a) Flaxseed Flax, seed 

180.1020 (a) Guar beans Guar, seed 

180.1020 (a) Peas, southern Cowpea, forage; Cowpea, hay; 

Cowpea, seed 

180.1020 (a) Peppers, chili Pepper, chili 


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10520 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 

In Section In paragraph Remove the term Add in its place the term 

180.1020 (a) Potatoes Potato 

180.1020 (a) Rice Rice, grain; Rice straw 

180.1020 (a) Safflower, grain Safflower, seed 

180.1020 (a) Sorghum, grain Sorghum, grain, grain 

180.1020 (a) Sorghum, fodder Sorghum, grain, stover 

180.1020 (a) Soybeans Grain, aspirated fractions; Soybean, forage; Soybean, hay; 

Soybean, seed 

180.1020 (a) Sunflower seed Sunflower, seed 

180.1020 (b) Wheat Wheat, forage; Wheat, grain; 

Wheat, hay; Wheat, straw 

180.1021 (a) Meat Cattle, meat; Goat, meat; Hog, 

meat; Horse, meat; sheep, meat 

180.1021 (a) Poultry Poultry, fat; Poultry, meat; Poultry, 

meat byproducts 

180.1021 (a) Eggs Egg 

180.1022 eggs egg 

180.1022 poultry poultry, fat; poultry, meat; poultry, 

meat byproducts 

180.1023 (a) alfalfa alfalfa, forage; alfalfa, hay; alfalfa, 

seed 

180.1023 (a) barley grain barley, grain 

180.1023 (a) Bermuda grass Bermudagrass, forage; 

Bermudagrass, hay 

180.1023 (a) bluegrass bluegrass, forage; bluegrass, hay 

180.1023 (a) brome grass bromegrass, forage; bromegrass, 

hay 

180.1023 (a) clover clover, forage; clover, hay 

180.1023 (a) corn grain corn, field, grain; corn, pop, grain; 

corn, sweet, kernel plus cob 

with husks removed 

180.1023 (a) cowpea hay cowpea, hay 

180.1023 (a) fescue fescue, forage; fescue, hay 

180.1023 (a) lespedeza lespedeza, forage; lespedeza, hay 

180.1023 (a) lupines lupin 

180.1023 (a) oat grain oat, grain 

180.1023 (a) orchard grass orchardgrass, forage; 

orchardgrass, hay 

180.1023 (a) peanut hay peanut, hay 

180.1023 (a) peavine hay pea, field, hay 

180.1023 (a) rye grass ryegrass, Italian, hay 

180.1023 (a) sorghum grain sorghum, grain, grain 

180.1023 (a) soybean hay soybean, hay 


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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 10521 

In Section In paragraph Remove the term Add in its place the term 

180.1023 (a) sudan grass sudangrass, forage; sudangrass, 

hay 

180.1023 (a) timothy timothy, forage; timothy, hay 

180.1023 (a) vetch vetch, forage; vetch, hay 

180.1023 (a) wheat grain wheat, grain 

180.1023 (b) meat and meat byproducts of cattle, sheep, hogs, goats, horses cattle, meat; cattle, meat byproducts; goat, meat; goat, meat byproducts; hog, meat; hog, meat 

byproducts; horse, meat; horse, 

meat byproducts; sheep, meat; 

sheep, meat byproducts 

180.1023 (b) poultry poultry, fat; poultry, meat; poultry, 

meat byproducts 

180.1023 (b) eggs egg 

180.1027 (c) including corn, cottonseed, beans, 

lettuce, okra, peppers, sorghum, 

soybeans, and tomatoes. 

[Removed] 

180.1035 honey and beeswax honey and honeycomb 

180.1037 (a) cottonseed cotton, undelinted, seed 

180.1037 (b) artichokes artichoke 

180.1043 cottonseed cotton, undelinted, seed 

180.1054 (b) grapes grape 

180.1057 citrus fruit fruit, citrus 

180.1058 alfalfa hay alfalfa, hay 

180.1058 Bermuda grass hay Bermudagrass, hay 

180.1058 blue grass hay bluegrass, hay 

180.1058 brome grass hay bromegrass, hay 

180.1058 clover hay clover, hay 

180.1058 corn grain corn, field, grain; corn, pop, grain 

180.1058 oat grain oat, grain 

180.1058 orchard grass hay orchardgrass, hay 

180.1058 sorghum grain sorghum, grain, grain 

180.1058 sudan grass hay sudangrass, hay 

180.1058 rye grass hay ryegrass, Italian, hay 

180.1058 timothy hay timothy, hay 

180.1070 crop group Brassica (cole) leafy 

vegetables 

Vegetable, brassica, leafy, group 5 

180.1070 radishes radish, roots; radish, tops 

180.1073 peaches peach 

180.1073 quinces quince 

180.1073 nectarines nectarine 

180.1073 macadamina nuts nut, macadamia 

180.1075 Rice grain Rice, grain 


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10522 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 

In Section In paragraph Remove the term Add in its place the term 

180.1075 Soybeans Soybean, seed; Soybean, forage; 

Soybean, hay; Grain, aspirated 

fractions 

180.1076 (b) pasture and rangeland forage grass, pasture, forage; grass, 

rangeland, forage 

180.1083 (a) and (b) Peas Pea, dry, seed; Pea, succulent 

180.1087 almond almond; almond, hulls 

180.1087 cotton cotton, undelinted seed; cotton, 

gin byproducts 

180.1087 soybeans soybean, seed; soybean, forage; 

soybean, hay; grain, aspirated 

fractions 

180.1087 potatoes potato 

180.1087 sugarbeets beet, sugar, roots; beet, sugar, 

tops 

180.1087 tomatoes tomato 

180.1087 bell peppers pepper, bell 

180.1087 strawberries strawberry 

180.1087 eggplants eggplant 

180.1087 cucumbers cucumber 

180.1087 carrots carrot, roots 

180.1087 radish radish, roots; radish, tops 

180.1087 turnips turnip, roots; turnip, tops 

180.1087 onions onion 

180.1087 peas pea, dry, seed; pea, succulent 

180.1087 melons melon 

180.1087 grapes grape 

180.1087 walnuts walnut 

180.1092 beeswax and honey honey and honeycomb 

180.1097 grapes grape 

180.1103 RACs raw agicultural commodities 

180.1113 grasses, forage and hay grass, forage; grass, hay 

180.1113 rice, grain and straw rice, grain; rice, straw 

180.1113 soybeans Grain, aspirated fractions; soybean, seed 

180.1113 soybean, forage and hay soybean, forage; soybean, hay 

180.1113 wild rice rice, wild grain 

180.1178 honey and beeswax honey and honeycomb 

180.1196 (a) raw agricultural commodities, in 

processed commodities 

all food commodities 

180.1196 (b) all raw and processed food commodities all food commodities 


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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 10523 

In Section In paragraph Remove the term Add in its place the term 

180.1206 (a) cotton and its food/feed commodities cotton, gin byproducts; cotton, 

hulls; cotton, meal; cotton, refined oil; cotton, undelinted seed 

180.1206 (c) on corn in or on grain, aspirated fractions; 

corn, field, forage: corn, field 

flour; corn, field, grain; corn, 

field, grits; corn, field, starch; 

corn, field, stover; corn, pop, 

grain; corn, pop, stover; corn, 

sweet, forage; corn, sweet, kernel plus cob with husks removed; corn, sweet, stover 

180.1219 corn, sweet (K+CWHR) corn, sweet, kernel plus cob with 

husks removed 

180.1254 on peanut and its food/feed commodities In or on peanut; peanut hay; peanut, meal; peanut, refined oil 

180.1258 alfalfa Alfalfa, seed; alfalfa, hay 

180.1258 barley grain barley, grain 

180.1258 Bermuda grass bermudagrass, hay 

180.1258 bluegrass bluegrass, hay 

180.1258 brome grass bromegrass, hay 

180.1258 clover clover, hay 

180.1258 corn grain corn, field, grain; corn, pop, grain 

180.1258 cowpea hay cowpea, hay 

180.1258 fescue hay fescue, hay 

180.1258 lespedeza lespedeza, hay 

180.1258 lupines lupin 

180.1258 oat grain oat, grain 

180.1258 orchard grass orchardgrass, hay 

180.1258 peanut grass peanut, hay 

180.1258 Timothy timothy, hay 

180.1258 vetch vetch, hay 

180.1258 wheat grain wheat, grain 

180.1261 tomatoes and peppers pepper and tomato 

180.1274 wheat and barley grain, aspirated fractions; barley, 

grain: barley, hay; barley, straw; 

wheat, grain; wheat, forage; 

wheat, hay; wheat, straw 

180.1276 grass and grass hay grass, forage; grass, hay 

180.1279 cucurbits cucurbit 

III. Statutory and Executive Order 

Reviews 

This document proposes technical 

amendments to the Code of Federal 

Regulations which have no substantive 

impact on the underlying regulations, 

and does not otherwise impose or 

amend any requirements. As such, the 

Office of Management and Budget 

(OMB) has determined that a technical 

amendment is not a ‘‘significant 

regulatory action’’ subject to review by 

OMB 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, 

Actions Concerning Regulations That 


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10524 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 

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 under 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 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). The 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) generally requires an 

agency to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

organizations. After considering the 

economic impacts of today’s proposed 

rule on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. This action 

proposes technical amendments to the 

Code of Federal Regulations which have 

no substantive impact on the underyling 

regulations. These technical 

amendments will not have any negative 

economic impact on any entities, 

including small entities. 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 the 

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 

6, 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: January 21, 2009. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

Therefore, it is proposed that 40 CFR 

chapter I, subpart D be amended as 

follows: 

1. The authority citation for part 180 

would continue to read as follows: 

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

2. In § 180.1011, by revising 

paragraph (b) to read as follows: 

§ 180.1011 Viable spores of the 

microorganism Bacillus thuringiensis 

Berliner; exemption from the requirement of 

a tolerance. 

* * * * * 

(b) Exemption from the requirement 

of a tolerance is established for residues 

of the microbial insecticide Bacillus 

thuringiensis Berliner, as specified in 

paragraph (a) of this section, in or on 

honey and honeycomb and all other raw 

agricultural commodities when it is 

applied either to growing crops, or 

when it is applied after harvest in 

accordance with good agricultural 

practices. 

3. In § 180.1019, by revising 

paragraph (b) to read as follows: 

§ 180.1019 Sulfuric acid; exemption from 

the requirement of a tolerance. 

* * * * * 

(b) Residues of sulfuric acid are 

exempted from the requirement of a 

tolerance in cattle, meat; goat, meat; 

hog, meat; horse, meat; sheep, meat; 

poultry, fat; poultry, meat; poultry, 

meat, byproducts; egg; milk; fish, 

shellfish, and irrigated crops when it 

results from the use of sulfuric acid as 

an inert ingredient in a pesticide 

product used in irrigation conveyance 

systems and lakes, ponds, reservoirs, or 

bodies of water in which fish or 

shellfish are cultivated. The sulfuric 

acid is not to exceed 10% of the 

pesticide formulation (non-aerosol 

formulations only). 

4. In § 180.1020, by revising the 

Commodity list in paragraph (a) and the 

table in paragraph (b) to read as follows: 

§ 180.1020 Sodium chlorate; exemption 

from the requirement of a tolerance. 

(a) * * * 

Commodity 

Bean, dry, seed 

Corn, field, stover 

Corn, pop, stover 

Corn, field, forage 

Corn, field, grain 

Corn, pop, grain 

Cotton, undelinted seed 

Flax, seed 

Flax, straw 

Guar, seed 

Cowpea, seed 

Cowpea, hay 

Cowpea, forage 

Pepper, chili 

Potato 

Rice, grain 

Rice, straw 

Safflower, seed 

Sorghum, grain, grain 

Sorghum, grain, stover 

Sorghum, forage 

Soybean, seed 


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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 10525 

Soybean, forage 

Soybean, hay 

Grain, aspirated fractions 

Sunflower, seed 

(b) * * * 

Commodity Parts per million Expiration/revocation date 

Wheat, forage NA 12/31/06 

Wheat, grain NA 12/31/06 

Wheat, hay NA 12/31/06 

Wheat, straw NA 12/31/06 

5. In § 180.1021, by revising 

paragraph (a) introductory text to read 

as follows: 

§ 180.1021 Copper; exemption from the 

requirement of a tolerance. 

(a) Copper is exempted from the 

requirement of a tolerance in cattle, 

meat; goat, meat; hog, meat; horse, meat; 

sheep, meat; milk, poultry, fat; poultry, 

meat; poultry, meat byproducts; egg, 

fish, shellfish, and irrigated crops when 

it results from the use of: 

* * * * * 

6. Section 180.1022 is revised to read 

as follows: 

§ 180.1022 Iodine-detergent complex; 

exemption from the requirement of a 

tolerance. 

The aqueous solution of hydriodic 

acid and elemental iodine, including 

one or both of the surfactants (a) 

polyoxypropylene-polyoxyethylene 

glycol nomionic block polymers 

(minimum average molecular weight 

1,900) and (b) α-(p- nonylphenyl)- 

omega- hydroxypoly (oxyethylene) 

having a maximum average molecular 

weight of 748 and in which the nonyl 

group is a propylene trimer isomer, is 

exempted from the requirement of a 

tolerance for residues in egg, and 

poultry, fat; poultry, meat; poultry, meat 

byproducts when used as a sanitizer in 

poultry drinking water. 

7. In § 180.1023, by revising 

paragraphs (a) and (b) to read as follows: 

§ 180.1023 Propanoic acid; exemptions 

from the requirement of a tolerance. 

(a) Postharvest application of 

propanoic acid or a mixture of 

methylene bispropionate and 

oxy(bismethylene) bisproprionate when 

used as a fungicide is exempted from 

the requirement of a tolerance for 

residues in or on the following raw 

agricultural commodities: Alfalfa, 

forage; alfalfa, hay; alfalfa, seed; barley, 

grain; Bermudagrass, forage; 

Bermudagrass, hay; bluegrass, forage; 

bluegrass, hay; bromegrass, forage; 

bromegrass, hay; clover, forage; clover, 

hay; corn, field, grain; corn, pop, grain; 

cowpea, hay; fescue, forage; fescue, hay; 

lespedeza, forage; lespedeza, hay; lupin; 

oat, grain; orchardgrass, forage; 

orchardgrass, hay; peanut, hay; pea, 

field, hay; ryegrass, Italian, hay; 

sorghum, grain, grain; soybean, hay; 

sudangrass, forage; sudangrass, hay; 

timothy, forage; timothy, hay; vetch, 

forage; vetch, hay; and wheat, grain. 

(b) Propanoic acid is exempt from the 

requirement of a tolerance for residues 

in or on cattle, meat; cattle, meat 

byproducts; goat, meat; goat, meat 

byproducts; hog, meat; hog meat 

byproducts; horse, meat; horse, meat 

byproducts; sheep, meat; sheep meat 

byproducts; and, poultry, fat; poultry 

meat; poultry meat byproducts; milk, 

and egg when applied as a bactericide/ 

fungicide to livestock drinking water, 

poultry litter, and storage areas for 

silage and grain. 

* * * * * 

8. In § 180.1027, by revising 

paragraph (c) to read as follows: 

§ 180.1027 Nuclear polyhedrosis virus of 

Heliothis zea; exemption from the 

requirement of a tolerance. 

* * * * * 

(c) Exemptions from the requirement 

of a tolerance are established for the 

residues of the microbial insecticide 

Heliothis zea NPV, as specified in 

paragraphs (a) and (b) of this section, in 

or on all agricultural commodities. 

9. Section 180.1035 is revised to read 

as follows: 

§ 180.1035 Pine oil; exemption from the 

requirement of a tolerance. 

Pine oil is exempted from the 

requirement of a tolerance for residues 

in the raw agricultural commodities 

honey and honeycomb, when present 

therein as a result of its use as a 

deodorant at no more than 12 percent in 

formulation with the bee repellent 

butanoic anhydride applied in an 

absorbent pad over the hive. 

10. Section 180.1037 is revised to read 

as follows: 

§ 180.1037 Polybutenes; exemption from 

the requirement of a tolerance. 

(a) Polybutenes are exempt from the 

requirement of a tolerance for residues 

in or on the raw agricultural commodity 

cotton, undelinted seed when used as a 

sticker agent for formulations of the 

attractant gossyplure (1:1 mixture of 

(Z,Z)- and (Z,E)-7,11-hexadecadien-1-ol 

acetate) to disrupt the mating of the 

pink bollworm. 

(b) Polybutenes are exempt from the 

requirement of a tolerance for residues 

in or on the raw agricultural commodity 

artichoke when used as a sticker agent 

in multi-layered laminted controlledrelease dispensers of (Z)-11- 

hexaadecenal to disrupt the mating of 

the artichoke plume moth. 

11. Section 180.1043 is revised to read 

as follows: 

§ 180.1043 Gossyplure; exemption from 

the requirement of a tolerance. 

The pheromone gossyplure, a 1:1 

mixture of (Z,Z)- and (Z,E)-7,11- 

hexadecadien-1-ol acetate) is exempt 

from the requirement of a tolerance in 

or on the raw agricultural commodity 

cotton, undelinted seed when applied to 

cotton from capillary fibers. 

12. In § 180.1054, by revising 

paragraph (b) to read as follows: 

§ 180.1054 Calcium hypochlorite; 

exemptions from the requirement of a 

tolerance. 

* * * * * 

(b) Calcium hypochlorite is exempted 

from the requirement of a tolerance in 

or on grape when used as a fumigant 

postharvest by means of a chlorine 

generator pad. 

13. Section 180.1057 is revised to read 

as follows: 

§ 180.1057 Phytophthora palmivora; 

exemption from requirement of tolerance. 

Phytophthora palmivora is exempted 

from the requirement of a tolerance in 

or on the raw agricultural commodity 

fruit, citrus. 

14. Section 180.1058 is revised to read 

as follows: 

§ 180.1058 Sodium diacetate; exemption 

from the requirement of a tolerance. 

Sodium diacetate, when used 

postharvest as a fungicide, is exempt 

from the requirement of a tolerance for 

residues in or on alfalfa, hay; 

bermudagrass, hay; bluegrass, hay; 

bromegrass, hay; clover,hay; corm, field, 

grain; corn, pop, grain; oat, grain; 

orchardgrass, hay; sorghum, grain, grain; 

sudangrass, hay; ryegrass, italian, hay; 

timothy, hay. 

15. Section 180.1070 is revised to read 

as follows: 


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10526 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 

§ 180.1070 Sodium chlorite; exemption 

from the requirement of a tolerance. 

Sodium chlorite is exempted from the 

requirement of a tolerance for residues 

when used in accordance with good 

agricultural practice as a seed-soak 

treatment in the growing of the raw 

agricultural commodities vegetable, 

brassica, leafy, group 5 and radish, roots 

and radish, tops. 

16. Section 180.1073 is revised to read 

as follows: 

§ 180.1073 Isomate-M; exemption from the 

requirement of a tolerance. 

The oriental fruit moth pheromone 

(Isomate-M) (Z-8-dodecen-l-yl acetate, 

E-8-dodecen-l-yl acetate, Z-8-dodecen-lol) is exempt from the requirement of a 

tolerance in or on all the raw 

agricultural commodities (food and 

feed) including, peach; quince; 

nectarine; and nut, macadamia when 

used in orchards with encapsulated 

polyethylene tubing to control oriental 

fruit moth. 

17. In § 180.1075, by revising the 

Commodity list to read as follows: 

§ 180.1075 Colletotrichum gloeosporioides 

f. sp. aeschynomene; exemption from the 

requirement of a tolerance. 

* * * * * 

Commodity 

Aspirated grain fractions 

Rice, grain 

Soybean, forage 

Soybean, hay 

Soybean, seed 

18. In § 180.1076, by revising 

paragraph (b) to read as follows: 

§ 180.1076 Viable spores of the 

microorganism Bacillus popilliae; exemption 

from the requirement of a tolerance. 

* * * * * 

(b) Exemption from the requirement 

of a tolerance is established for residues 

of the microbial insecticide Bacillus 

popilliae, as specified in paragraph (a) 

of this section in or on grass, pasture, 

forage and grass, rangeland, forage when 

it is applied to growing crops in 

accordance with good agricultural 

practices. 

19. In § 180.1083, by revising 

paragraphs (a) and (b) to read as follows: 

§ 180.1083 Dimethyl sulfoxide; exemption 

from the requirement of a tolerance. 

* * * * * 

(a) Carbaryl (1-naphthyl methylcarbamate) 

Pea, dry, seed 

Pea, succulent 

(b) O-O-Diethyl O-(2-isopropyl-6- 

methyl-4-pyrimidinyl) 

phosphorothioate 

Pea, dry, seed 

Pea, succulent 

20. Section 180.1087 is revised to read 

as follows: 

§ 180.1087 Sesame stalks; exemption from 

the requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the biorational nematicide sesame 

stalk in or on the following raw 

agricultural commodities: Almond; 

almond, hulls; cotton, undelinted seed; 

cotton, gin byproducts; soybean, seed; 

soybean, forage; soybean, hay; aspirated 

grain fractions; potato; beet, sugar, roots; 

beet, sugar, tops; tomato; pepper, bell; 

squash; strawberry; eggplant; cucumber; 

carrot, roots; radish, roots; radish, top; 

turnip, roots; turnip, tops; onion; pea, 

dry; pea, succulent; melon; grape; 

walnut; orange; grapefruit; mulberry; 

peach; apple; apricot; blackberry; 

loganberry; pecan; cherry; plum, and 

cranberry. 

21. Section 180.1092 is revised to read 

as follows: 

§ 180.1092 Menthol; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the pesticidal chemical menthol in or 

on honey and honeycomb when used in 

accordance with good agricultural 

practice in over-wintering bee hives. 

22. Section 180.1097 is revised to read 

as follows: 

§ 180.1097 GBM-ROPE; exemption from 

the requirement of a tolerance. 

The grape berry moth pheromone 

(GBM-ROPE) containing the active 

ingredients (Z)-9-dedecenyl acetate and 

(Z)-11-tetradecenyl acetate is exempt 

from the requirement of a tolerance in 

or on the raw agricultural commodity 

grape when used in orchards with 

encapsulated polyethylene tubing to 

control grape berry moth. 

23. Section 180.1103 is revised to read 

as follows: 

§ 180.1103 Isomate-C; exemption from the 

requirement of a tolerance. 

The codling moth pheromone 

(Isomate-C) E,E-8,10-dodecenyl alcohol, 

dodecanol, tetradecanol is exempt from 

the requirements of a tolerance in or on 

all raw agricultural commodities when 

formulated in polyethylene pheromone 

dispensers for use in orchards with 

encapsulated polyethylene tubing to 

control codling moth. 

24. Section 180.1113 is revised to read 

as follows: 

§ 180.1113 Langenidium giganteum; 

exemption from the requirement of a 

tolerance. 

Lagenidium giganteum (a fungal 

organism) is exempt from the 

requirement of a tolerance in or on the 

raw agricultural commodities aspirated 

grain fractions; grass, forage; grass, hay; 

rice, grain; rice, straw; soybean, seed; 

soybean, forage; soybean, hay; rice, 

wild, grain. 

25. Section 180.1178 is revised to read 

as follows: 

§ 180.1178 Formic acid; exemption from 

the requirement of a tolerance. 

The pesticide formic acid is exempted 

from the requirement of a tolerance in 

or on honey and honeycomb when used 

to control tracheal mites and suppress 

varroa mites in bee colonies, and 

applied in accordance with label use 

directions. 

26. Section 180.1196 is revised to read 

as follows: 

§ 180.1196 Peroxyacetic acid; exemption 

from the requirement of a tolerance. 

(a) An exemption from the 

requirement of a tolerance is established 

for residues of peroxyacetic acid in or 

on all food commodities, when such 

residues result from the use of 

peroxyacetic acid as an antimicrobial 

treatment in solutions containing a 

diluted end use concentration of 

peroxyacetic acid up to 100 ppm per 

application on fruits, vegetables, tree 

nuts, cereal grains, herbs, and spices. 

(b) An exemption from the 

requirement of a tolerance is established 

for residues of peroxyacetic acid, in or 

on all food commodities when used in 

sanitizing solutions containing a diluted 

end-use concentration of peroxyacetic 

acid up to 500 ppm, and applied to 

tableware, utensils, dishes, pipelines, 

tanks, vats, fillers, evaporators, 

pasteurizers, aseptic equipment, milking 

equipment, and other food processing 

equipment in food handling 

establishments including, but not 

limited to dairies, dairy barns, 

restaurants, food service operations, 

breweries, wineries, and beverage and 

food processing plants. 

27. In § 180.1206, by revising 

paragraphs (a) and (c) to read as follows: 

§ 180.1206 Aspergillus flavus AF36; 

exemption from the requirement of a 

tolerance. 

(a) An exemption from the 

requirement of a tolerance is established 

for residues of the microbial pesticide 

Aspergillus flavus AF36 in or on cotton, 

gin byproducts; cotton, hulls; cotton, 

meal; cotton, refined oil; cotton, 

undelinted seed. 

* * * * * 


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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 10527 

(c) Aspergillus flavis AF 36 is 

temporarily exempt from the 

requirement of a tolerance on corn, 

field, forage; corn, field, grain; corn, 

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

stover; corn, sweet, forage; corn, sweet, 

kernel plus cob with husks removed; 

corn, sweet, stover when used in 

accordance with the Experimental Use 

Permit 71693–EUP–2. This temporary 

exemption from the tolerance will 

expire December 31, 2011. 

28. Section 180.1219 is revised to read 

as follows: 

§ 180.1219 Foramsulfuron; exemption 

from the requirement of a tolerance. 

The pesticide foramsulfuron is 

exempted from the requirement of a 

tolerance in corn, field, grain/corn, 

field, forage/ corn, field, stover/corn, 

pop, grain/corn, pop, forage/corn, pop, 

stover; corn, sweet, forage; corn, sweet, 

kernel plus cob with husks removed; 

corn, sweet, stover when applied as a 

herbicide in accordance with good 

agricultural practices. 

29. Section 180.1254 is revised to read 

as follows: 

§ 180.1254 Aspergillus flavus NRRL 21882 

on peanut; exemption from requirement of 

a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Aspergillus flavus NRRL 21882 in or 

on peanut; peanut hay; peanut, meal; 

peanut, refined oil. 

30. Section 180.1258 is revised to read 

as follows: 

§ 180.1258 Acetic acid; exemption from 

the requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the biochemical pesticide acetic acid 

when used as a preservative on postharvest agricultural commodities 

intended for animal feed, including 

Alfalfa, seed; alfalfa, hay; barley, grain; 

bermudagrass, hay; bluegrass, hay; 

bromegrass, hay; clover, hay; corn, field, 

grain; corn, pop, grain; cowpea, hay; 

fescue, hay; lespedeza, hay; lupin; oat, 

grain; orchardgrass, hay; peanut, hay; 

timothy, hay; vetch, hay; and wheat, 

grain, or commodities described as grain 

or hay. 

31. Section 180.1261 is revised to read 

as follows: 

§ 180.1261 Xanthomonas campestris pv. 

vesicatoria and Pseudomonas syringae pv. 

tomato specific Bacteriophages. 

An exemption from the requirement 

of a tolerance is established for residues 

of Xanthomonas campestris pv. 

vesicatoria and Pseudomonas syringae 

pv. tomato specific bacteriophages in or 

on pepper and tomato. 

32. In § 180.1274, by revising the 

introductory text to read as follows: 

§ 180.1274 Tris (2-ethylhexyl) phosphate; 

exemption from the requirement of a 

tolerance. 

Tris (2-ethylhexyl) phosphate (TEHP, 

CAS Reg. No. 78–42–2) is exempt from 

the requirement of a tolerance for 

residues in grain, aspirated fractions; 

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

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

wheat, straw when used under the 

following conditions: 

* * * * * 

33. Section 180.1276 is revised to read 

as follows: 

§ 180.1276 Tobacco mild green mosaic 

tobamovirus (TMGMV); temporary 

exemption from the requirement of a 

tolerance. 

A temporary exemption from the 

requirement of a tolerance is established 

for residues of tobacco mild green 

mosaic tobamovirus in or on all grass, 

forage and grass, hay. 

34. Section 180.1279 is revised to read 

as follows: 

§ 180.1279 Zucchini yellow mosaic virus– 

weak strain; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance for residues of the 

ZYMVndash;WK strain in or on all raw 

cucurbit when applied/used in 

accordance with label directions. 

[FR Doc. E9–5194 Filed 3–10–09; 8:45 am] 

BILLING CODE 6560–50–S 


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