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[Federal Register Volume 77, Number 60 (Wednesday, March 28, 2012)]
[Proposed Rules]
[Pages 18748-18752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7445]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0507; FRL-9340-9]
RIN 2070-ZA16

Dicloran and Formetanate; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke certain tolerances for the 
fungicide dicloran and the insecticide formetanate hydrochloride 
because, in follow-up to voluntary requests from registrants, domestic 
registrations were voluntarily amended to delete specific uses, leaving 
no dicloran and formetanate hydrochloride registrations for those uses. 
Also, in accordance with current Agency practice, EPA is proposing to 
make minor revisions to the tolerance expressions for dicloran and 
formetanate hydrochloride and to specific tolerance nomenclatures for 
dicloran.

DATES: Comments must be received on or before May 29, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2011-0507, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2011-0507. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov or email. The 
regulations.gov Web site is an ``anonymous access'' system, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Unit II.A. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked

[[Page 18749]]

will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

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

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

II. Background

A. What action is the Agency taking?

    EPA is proposing to revoke the potato tolerance for the fungicide 
dicloran and the apple, peach, and pear tolerances for the insecticide 
formetanate hydrochloride.
    EPA is proposing the tolerance revocations in follow-up to the 
Agency's approval (as described in Unit II.A.) of voluntary requests 
from registrants to amend dicloran and formetanate product labels to 
delete uses for specific food commodities. Also, in accordance with 
current Agency practice, EPA is proposing to make minor revisions to 
the tolerance expression for dicloran and to specific tolerance 
nomenclatures for dicloran. In addition, in accordance with current 
Agency practice to describe more clearly the measurement and scope or 
coverage of the tolerances, including applicable metabolites and 
degradates, EPA is proposing minor revisions to the tolerance 
expression for formetanate hydrochloride. The revisions do not 
substantively change the tolerance or, in any way, modify the 
permissible level of residues permitted by the tolerance. 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 the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), unless someone submits comments on the 
proposed rule indicating a need for the tolerance to cover residues in 
or on imported commodities or legally treated domestic commodities. The 
following discussion explains the specific changes and the reasons for 
the changes.
    1. Dicloran. Because it is no longer Agency practice to distinguish 
between preharvest and postharvest applications in the tolerance 
expression, in 40 CFR 180.200, EPA is proposing to remove paragraph 
(a)(2), redesignate paragraph (a)(1) as paragraph (a), and revise the 
introductory text containing the tolerance expression in newly 
designated paragraph (a) by removing the reference concerning 
preharvest and postharvest applications, to read as set out in the 
proposed regulatory text at the end of this document.
    Also, in the Federal Register of December 1, 2010 (75 FR 74714) 
(FRL-8854-3), EPA published a notice of receipt of requests to 
voluntarily amend certain dicloran (DCNA) registrations to delete the 
use for potato, and therefore terminate the last registrations for use 
of dicloran in or on potato. In the Federal Register of November 16, 
2011 (76 FR 71022) (FRL-8883-8), EPA approved the cancellation order 
for amendments to terminate product uses and allowed registrants to 
sell and distribute existing stocks of the affected products until 
November 16, 2012. The Agency allowed persons other than the registrant 
to sell, distribute, or use existing stocks of the affected products 
until they are exhausted, provided that it complies with the EPA 
approved labeling. Recently, the registrant has been in further 
communication with the Agency, and based on the information provided, 
EPA believes that existing stocks are likely to be exhausted by 
December 31, 2014. Therefore, EPA is proposing to revoke the tolerance 
in newly designated 40 CFR 180.200(a) on potato with an expiration/
revocation date of December 31, 2014.
    In addition, because it is no longer Agency practice to distinguish 
between preharvest and postharvest applications in the tolerance 
definitions, EPA is proposing to revise the commodity terminology in 
newly designated 40 CFR 180.200(a) from ``apricot, postharvest'' to 
``apricot,'' ``carrot, roots, postharvest'' to ``carrot, roots,'' 
``cherry, sweet, postharvest,'' to ``cherry, sweet,'' ``nectarine, 
postharvest'' to ``nectarine,'' ``peach, postharvest,'' to ``peach,'' 
``plum, prune, fresh, postharvest'' to ``plum, prune, fresh,'' and 
``sweet potato, postharvest,'' to ``sweet potato, roots.''
    2. Formetanate hydrochloride. In the Federal Register of July 13, 
2011 (76 FR 41250) (FRL-8879-7), EPA published a notice of receipt of 
requests to voluntarily amend certain formetanate registrations to 
delete uses for apple, peach, and pear, and therefore terminate the 
last registrations for use of formetanate hydrochloride in or on those 
commodities. In the Federal Registers of September 14, 2011 (76 FR 
56753) (FRL-8888-2) and November 16, 2011 (76 FR 71021) (FRL-9327-1), 
EPA approved the cancellation order for amendments to terminate product 
uses and amended the order to allow registrants to sell and distribute 
existing stocks of the affected products until January 31, 2012 (which 
extended the deadline by 60 days beyond that previously allowed in the 
September 14, 2011 cancellation order). The Agency allowed persons 
other than the registrant to sell, distribute, or use existing stocks 
of the affected products until December 31, 2013. Therefore, EPA is 
proposing to revoke the tolerances in 40 CFR 180.276(a) on

[[Page 18750]]

apple; apple, wet pomace; peach; and pear with expiration/revocation 
dates of December 31, 2013.
    In order to describe more clearly the measurement and scope or 
coverage of the tolerances, EPA is proposing to revise the introductory 
text containing the tolerance expression in 40 CFR 180.276(a) to read 
as set out in the proposed regulatory text at the end of this document.

B. What is the agency's authority for taking this action?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, 
as amended by FQPA of 1996, Public Law 104-170, authorizes the 
establishment of tolerances, exemptions from tolerance requirements, 
modifications in tolerances, and revocation of tolerances for residues 
of pesticide chemicals in or on raw agricultural commodities and 
processed foods. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under FFDCA section 402(a), 21 U.S.C. 342(a). Such food 
may not be distributed in interstate commerce (21 U.S.C. 331(a)). For a 
food-use pesticide to be sold and distributed, the pesticide must not 
only have appropriate tolerances under the FFDCA, but also must be 
registered under FIFRA (7 U.S.C. 136 et seq.). Food-use pesticides not 
registered in the United States must have tolerances in order for 
commodities treated with those pesticides to be imported into the 
United States.
    EPA's general practice is to propose revocation of tolerances for 
residues of pesticide active ingredients on crops for which FIFRA 
registrations no longer exist and on which the pesticide may therefore 
no longer be used in the United States. EPA has historically been 
concerned that retention of tolerances that are not necessary to cover 
residues in or on legally treated foods may encourage misuse of 
pesticides within the United States. Nonetheless, EPA will establish 
and maintain tolerances even when corresponding domestic uses are 
canceled if the tolerances, which EPA refers to as ``import 
tolerances,'' are necessary to allow importation into the United States 
of food containing such pesticide residues. However, where there are no 
imported commodities that require these import tolerances, the Agency 
believes it is appropriate to revoke tolerances for unregistered 
pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under FFDCA section 408, a tolerance may only be established or 
maintained if EPA determines that the tolerance is safe based on a 
number of factors, including an assessment of the aggregate exposure to 
the pesticide and an assessment of the cumulative effects of such 
pesticide and other substances that have a common mechanism of 
toxicity. In doing so, EPA must consider potential contributions to 
such exposure from all tolerances. If the cumulative risk is such that 
the tolerances in aggregate are not safe, then every one of these 
tolerances is potentially vulnerable to revocation. Furthermore, if 
unneeded tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances for residues 
on crops for which FIFRA registrations no longer exist, unless someone 
expresses a need for such tolerances. Through this proposed rule, the 
Agency is inviting individuals who need these import tolerances to 
identify themselves and the tolerances that are needed to cover 
imported commodities.
    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention. These parties 
should be aware that, under FFDCA section 408(f), if EPA 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 proposed in this document will 
become effective on the date of publication of the final rule in the 
Federal Register. EPA is proposing an expiration/revocation date of 
December 31, 2014 for revocation of the dicloran tolerance on potato 
and December 31, 2013 for revocation of the formetanate hydrochloride 
tolerances on apple; apple, wet pomace; peach; and pear. The Agency 
believes that these revocation dates allow users to exhaust stocks and 
allow sufficient time for passage of treated commodities through the 
channels of trade. However, if EPA is presented with information that 
existing stocks would still be available and that information is 
verified, the Agency will consider extending the expiration date of the 
tolerance. If you have comments regarding existing stocks and whether 
the effective date allows sufficient time for treated commodities to 
clear the channels of trade, please submit comments as described under 
SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposed rule treated with the 
pesticides subject to this proposed rule, and in the channels of trade 
following the tolerance revocations, shall be subject to FFDCA section 
408(1)(5), as established by FQPA. Under this unit, any residues of 
these pesticides in or on such food shall not render the food 
adulterated so long as it is shown to the satisfaction of the Food and 
Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA, 
and
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates when the 
pesticide was applied to such food.

III. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture 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 formetanate hydrochloride 
or MRL for dicloran in or on potatoes.

[[Page 18751]]

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted this type of action (e.g., 
tolerance revocation for which extraordinary circumstances do not 
exist) from review under Executive Order 12866, entitled ``Regulatory 
Planning and Review'' (58 FR 51735, October 4, 1993). Because this 
proposed rule has been exempted from review under Executive Order 12866 
due to its lack of significance, this proposed rule is not subject to 
Executive Order 13211, entitled ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This proposed rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable 
duty or contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does 
it require any special considerations as required by Executive Order 
12898, entitled ``Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations'' (59 FR 7629, February 
16, 1994); or OMB review or any other Agency action under Executive 
Order 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This 
action does not involve any technical standards that would require 
Agency consideration of voluntary consensus standards pursuant to 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
et seq.), the Agency previously assessed whether revocations of 
tolerances might significantly impact a substantial number of small 
entities and concluded that, as a general matter, these actions do not 
impose a significant economic impact on a substantial number of small 
entities. This analysis was published on December 17, 1997 (62 FR 
66020) (FRL-5753-1), and was provided to the Chief Counsel for Advocacy 
of the Small Business Administration. Taking into account this 
analysis, and available information concerning the pesticides listed in 
this proposed rule, the Agency hereby certifies that this proposed rule 
will not have a significant negative economic impact on a substantial 
number of small entities. In a memorandum dated May 25, 2001, EPA 
determined that eight conditions must all be satisfied in order for an 
import tolerance or tolerance exemption revocation to adversely affect 
a significant number of small entity importers, and that there is a 
negligible joint probability of all eight conditions holding 
simultaneously with respect to any particular revocation. This Agency 
document is available in the docket of this proposed rule. Furthermore, 
for the pesticides named in this proposed rule, the Agency knows of no 
extraordinary circumstances that exist as to the present proposed rule 
that would change the EPA's previous analysis. Any comments about the 
Agency's determination should be submitted to the EPA along with 
comments on the proposed rule, and will be addressed prior to issuing a 
final rule. In addition, the Agency has determined that this action 
will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled 
``Federalism'' (64 FR 43255, August 10, 1999). Executive Order 13132 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by State and local officials in the development of 
regulatory policies that have federalism implications.'' ``Policies 
that have federalism implications'' is defined in the Executive order 
to include regulations that have ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' This proposed rule directly regulates 
growers, food processors, food handlers, and food retailers, not 
States. This action does not alter the relationships or distribution of 
power and responsibilities established by Congress in the preemption 
provisions of FFDCA section 408(n)(4). For these same reasons, the 
Agency has determined that this proposed rule does not have any 
``tribal implications'' as described in Executive Order 13175, entitled 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, November 9, 2000). Executive Order 13175 requires EPA to develop 
an accountable process to ensure ``meaningful and timely input by 
tribal officials in the development of regulatory policies that have 
tribal implications.'' ``Policies that have tribal implications'' is 
defined in the Executive order to include regulations that have 
``substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes.'' This proposed rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
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: March 19, 2012.
Steve Bradbury,
Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 180--[AMENDED]

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

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

    2. Revise Sec.  180.200 to read as follows:

Sec.  180.200  Dicloran; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
fungicide dicloran, 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 dicloran, 2,6-dichloro-4-nitroaniline, in or on the 
commodity.

------------------------------------------------------------------------
                                       Parts per   Expiration/revocation
             Commodity                  million             date
------------------------------------------------------------------------
Apricot............................            20  None.
Bean, snap, succulent..............            20  None.
Carrot, roots......................            10  11/2/11.
Celery.............................            15  None.
Cherry, sweet......................            20  None.
Cucumber...........................             5  None.
Endive.............................            10  None.
Garlic.............................             5  None.
Grape..............................            10  None.
Lettuce............................            10  None.
Nectarine..........................            20  None.
Onion..............................            10  None.
Peach..............................            20  None.
Plum, prune, fresh.................            15  None.

[[Page 18752]]

 
Potato.............................          0.25  12/31/14.
Rhubarb............................            10  None.
Sweet potato, roots................            10  None.
Tomato.............................             5  None.
------------------------------------------------------------------------

     (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    3. Revise Sec.  180.276 to read as follows:

Sec.  180.276  Formetanate hydrochloride; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide formetanate hydrochloride, 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 formetanate hydrochloride, N,N-
dimethyl-N '-[3-[[(methylamino)carbonyl]oxy]phenyl]methanimidamide 
hydrochloride, in or on the commodity.

------------------------------------------------------------------------
                                       Parts per   Expiration/revocation
             Commodity                  million             date
------------------------------------------------------------------------
Apple..............................          0.50  12/31/13.
Apple, wet pomace..................           1.5  12/31/13.
Grapefruit.........................           1.5  None.
Lemon..............................          0.60  None.
Lime...............................          0.03  None.
Nectarine..........................          0.40  None.
Orange.............................           1.5  None.
Peach..............................          0.40  12/31/13.
Pear...............................          0.50  12/31/13.
Tangelo............................          0.03  None.
Tangerine..........................          0.03  None.
------------------------------------------------------------------------

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

[FR Doc. 2012-7445 Filed 3-27-12; 8:45 am]
BILLING CODE 6560-50-P
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