[Federal Register Volume 73, Number 25 (Wednesday, February 6, 2008)]
[Proposed Rules]
[Pages 6867-6879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2094]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0674; FRL-8345-2]


2,4-D, Bensulide, DCPA, Desmedipham, Dimethoate, Fenamiphos, 
Phorate, Sethoxydim, Terbufos, and Tetrachlorvinphos; 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 
herbicide sethoxydim and the insecticides dimethoate, fenamiphos, 
terbufos, and tetrachlorvinphos. Also, EPA is proposing to modify 
certain tolerances for the herbicides 2,4-D, DCPA, desmedipham, and 
sethoxydim and the insecticides dimethoate, fenamiphos, phorate, and 
tetrachlorvinphos. In addition, EPA is proposing to establish new 
tolerances for the herbicides bensulide and sethoxydim. The regulatory 
actions proposed in this document are in follow-up to the Agency's 
reregistration program under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), and tolerance reassessment program under the 
Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(q).

DATES: Comments must be received on or before April 7, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0674 by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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-
2007-0674. EPA's policy is that all comments

[[Page 6868]]

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 e-mail. 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: Jane Smith, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail 
address: <a href="/cdn-cgi/l/email-protection#bdced0d4c9d593d7dcd3d890ceded2c9c9fdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="8cffe1e5f8e4a2e6ede2e9a1ffefe3f8f8cce9fceda2ebe3fa">[email protected]</span></a>.

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

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

C. What Can I do if I Wish the Agency to Maintain a Tolerance that the 
Agency Proposes to Revoke?

    This proposed rule provides a comment period of 60 days for any 
person to state an interest in retaining a tolerance proposed for 
revocation. If EPA receives a comment within the 60-day period to that 
effect, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
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

[[Page 6869]]

final rule cannot be raised again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke, modify, and establish specific 
tolerances for residues of the herbicides 2,4-D, bensulide, DCPA, 
desmedipham, and sethoxydim and the insecticides fenamiphos, phorate, 
dimethoate, terbufos, and tetrachlorvinphos in or on commodities listed 
in the regulatory text.
    EPA is proposing these tolerance actions to implement the tolerance 
recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of these processes, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of FFDCA. The safety finding determination of ``reasonable 
certainty of no harm'' is discussed in detail in each Reregistration 
Eligibility Decision (RED) and Report of the Food Quality Protection 
Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision 
(TRED) for the active ingredient. REDs and TREDs recommend the 
implementation of certain tolerance actions, including modifications to 
reflect current use patterns, meet safety findings, and change 
commodity names and groupings in accordance with new EPA policy. 
Printed copies of many REDs and TREDs may be obtained from EPA's 
National Service Center for Environmental Publications (EPA/NSCEP), 
P.O. Box 42419, Cincinnati, OH 45242-2419; telephone number: 1-800-490-
9198; fax number: 1-513-489-8695; Internet at http://www.epa.gov/ncepihom and from the National Technical Information Service (NTIS), 
5285 Port Royal Rd., Springfield, VA 22161; telephone number: 1-800-
553-6847 or (703) 605-6000; Internet at http://www.ntis.gov. Electronic 
copies of REDs, TREDs, and IREDs are available on the Internet at 
http://www. epa.gov/pesticides/reregistration/status.htm.
    The selection of an individual tolerance level is based on crop 
field residue studies designed to produce the maximum residues under 
the existing or proposed product label. Generally, the level selected 
for a tolerance is a value slightly above the maximum residue found in 
such studies, provided that the tolerance is safe. The evaluation of 
whether a tolerance is safe is a separate inquiry. EPA recommends the 
raising of a tolerance when data show that:
    1. Lawful use (sometimes through a label change) may result in a 
higher residue level on the commodity.
    2. The tolerance remains safe, notwithstanding increased residue 
level allowed under the tolerance.
In REDs, Chapter IV on ``Risk management, Reregistration, and Tolerance 
Reassessment'' typically describes the regulatory position, FQPA 
assessment, cumulative safety determination, determination of safety 
for U.S. general population, and safety for infants and children. In 
particular, the human health risk assessment document which supports 
the RED describes risk exposure estimates and whether the Agency has 
concerns. In TREDs, the Agency discusses its evaluation of the dietary 
risk associated with the active ingredient and whether it can determine 
that there is a reasonable certainty (with appropriate mitigation) that 
no harm to any population subgroup will result from aggregate exposure. 
EPA also seeks to harmonize tolerances with international standards set 
by the Codex Alimentarius Commission, as described in Unit III.
    Explanations for proposed modifications in tolerances can be found 
in the RED and TRED document and in more detail in the Residue 
Chemistry Chapter document which supports the RED and TRED. Copies of 
the Residue Chemistry Chapter documents are found in the Administrative 
Record electronically. Electronic copies are available through EPA's 
electronic public docket and comment system, regulations.gov at http://www.regulations.gov. You may search for docket ID number EPA-HQ-OPP-
2007-0674 and/or 2,4-D (EPA-HQ-OPP-2004-0167), Bensulide (EPA-HQ-OPP-
2007-0674 and EPA-HQ-OPP-2007-0151), DCPA (EPA-HQ-OPP-2007-0097), 
Desmedipham (EPA-HQ-OPP-2004-0261), Dimethoate (EPA-HQ-OPP-2005-0084), 
Fenamiphos (EPA-HQ-OPP-2007-0674 and EPA-HQ-OPP-2007-0151), Phorate 
(EPA-HQ-OPP-2007-0674 and EPA-HQ-OPP-2007-0151), Sethoxydim (EPA-HQ-
OPP-2005-0323), Terbufos (EPA-HQ-OPP-2007-0674 and EPA-HQ-OPP-2007-
0151), and Tetrachlorvinphos (EPA-HQ-OPP-2007-0674 and EPA-HQ-OPP-2007-
0151) then click on that docket ID number to view its contents.
    EPA has determined that the aggregate exposures and risks are not 
of concern for the above-mentioned pesticide active ingredients based 
upon the data identified in the RED or TRED which lists the submitted 
studies that the Agency found acceptable.
    EPA has found that the tolerances that are proposed in this 
document to be modified, are safe; i.e., that there is a reasonable 
certainty that no harm will result to infants and children from 
aggregate exposure to the pesticide chemical residues, in accordance 
with FFDCA section 408(b)(2)(C). (Note that changes to tolerance 
nomenclature do not constitute modifications of tolerances). These 
findings are discussed in detail in each RED or TRED. The references 
are available for inspection as described in this document under 
SUPPLEMENTARY INFORMATION.
    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. 2,4-D. In the Federal Register notices published on June 6, 2007 
(72 FR 31221) (FRL-8122-7) and September 12, 2007 (72 FR 52013) (FRL-
8142-2), the Agency determined in error that the tolerances in/on 
grapes, stone fruits, and pome fruits should be decreased to 0.1 ppm 
rather than 0.05 ppm. In that same proposal, the tolerance for 
strawberries was increased to 0.1 ppm in error, when, in fact, it 
should have remained unchanged at 0.05 ppm. Therefore, EPA proposes 
correcting the tolerances in 40 CFR 180.142(a) for the combined 2,4-D 
residues of concern in/on grape from 0.1 to 0.05 ppm; fruit, stone, 
group 12 from 0.1 to 0.05 ppm; fruit, pome group 11 from 0.1 to 0.05 
ppm, and strawberry from 0.1 to 0.05 ppm.
    2. Bensulide. In order to account for the instability of bensulide 
in/on cucurbits and leafy vegetables as evidenced in a non-concurrent 
storage stability study, the Agency has determined the tolerances 
should be increased from 0.1 to 0.15 ppm in/on vegetable, cucurbit 
group 9 and vegetable, leafy, except brassica group 4. The Agency is 
also revising commodity terminology to conform to current practice 
including removing the negligible residue designation (N)

[[Page 6870]]

associated with the tolerances. Therefore, EPA proposes increasing and 
revising the tolerances in 40 CFR 180.241(a) for the combined bensulide 
residues of concern in/on cucurbits at 0.10 (N) ppm to vegetable, 
cucurbit group 9 at 0.15; and vegetable, leafy at 0.1 (N) ppm to 
vegetable, leafy, except brassica group 4 at 0.15 ppm. The Agency 
determined that the increased tolerances are safe; i.e. there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue.
    Because the use of bensulide is limited to Texas, the Agency has 
determined that the carrot tolerance should be a regional tolerance. 
Therefore, EPA proposes transferring the carrot, root at 0.1 ppm 
tolerance in 40 CFR 180.241(a) to 40 CFR 180.241(c).
    Based on available field trial data that indicate bensulide 
residues of concern are less than 0.15 ppm in/on the representative 
commodities (broccoli, cabbage, and Brussels sprouts) of the vegetable, 
brassica, leafy group 5, the Agency determined that the tolerance 
should be established for vegetable, brassica, leafy group 5 at 0.15 
ppm. Therefore, EPA proposes establishing a tolerance in 40 CFR 
180.241(a) for combined bensulide residues of concern in/on vegetable, 
brassica, leafy group 5 at 0.15 ppm.
    The Agency is revising commodity terminology to conform to current 
practice. Therefore, EPA proposes revising the tolerances in 40 CFR 
180.241 from onion, dry bulb to onion, bulb; and vegetable, fruiting to 
vegetable, fruiting, group 8.
    Currently, there are no Codex MRLs (maximum residue levels) in 
place for bensulide.
    3. DCPA. In the Federal Register proposal and final rule published 
on June 6, 2007 (72 FR 31221) (FRL-8122-7), and September 12, 2007 (72 
FR 52013) (FRL-8142-2), the permanent tolerance on vegetable, brassica, 
leafy, group 5 at 5 ppm was transferred to inadvertent tolerance 
because there were no uses on brassica vegetables. Since then, it has 
been determined that there are direct uses of DCPA on brassica 
vegetables and a permanent tolerance in/on vegetable, brassica, leafy, 
group 5 at 5 ppm is appropriate. Therefore, EPA proposes transferring 
the tolerance vegetable, brassica, leafy, group 5 at 5 ppm in 40 CFR 
180.185(d) to 40 CFR 180.185(a) for the combined residues of the 
herbicide DCPA and its metabolites MTP and TCP (calculated as DCPA).
    4. Desmedipham. Based on field trial data received subsequent to 
the TRED that indicate residues of desmedipham as high as 0.05 ppm in/
on sugar beet roots and an average of 1.38 ppm (standard deviation 2.88 
ppm) in/on sugar beet tops, the Agency determined that the tolerance 
should be decreased from 0.2 ppm to 0.1 ppm in/on sugar beet roots and 
increased from 0.2 ppm to 5.0 ppm in/on sugar beet tops. Therefore, EPA 
proposes revising the tolerance on sugar beet (roots and tops) from 0.2 
ppm to sugar, beet, roots at 0.1 ppm and sugar, beet, tops at 5.0 ppm 
in 40 CFR 180.353(a) for residues of the herbicide desmedipham (ethyl-
m-hydroxycarbanilate carbanilate). The Agency determined that the 
increased tolerances are safe; i.e. there is a reasonable certainty 
that no harm will result from aggregate exposure to the pesticide 
chemical residue.
    Currently, there are no Codex MRLs in place for desmedipham.
    5. Dimethoate. The uses on apples, cabbage, collards, head lettuce, 
spinach, and grapes were canceled due to revisions of the human health 
risk assessment for tolerance reassessment as published in Federal 
Register Notices dated Sept 10, 2003 (69 FR 53371) (FRL-7321-2), 
January 28, 2004 (69 FR 4135) (FRL-7340-1), and May 12, 2004 (69 FR 
26384) (FRL-7354-3). Although the use on head lettuce has been 
canceled, the use on leaf lettuce remains. There are no active 
registrations with the use on blueberries; however, the blueberry 
tolerance is for the purpose of imports and for this reason will not be 
revoked. Lentils are covered by the existing pea, dry tolerance in 
accordance with 40 CFR 180.1(g). Therefore, EPA proposes revoking the 
tolerances in 40 CFR 180.204(a) for the combined dimethoate residues of 
concern in/on apple at 2 ppm; cabbage at 2 ppm; collards at 2 ppm; 
grape at 1 ppm; lentil, seed at 2 ppm; and spinach at 2 ppm; and revise 
lettuce to lettuce, leaf.
    Based on field trial residue data serving as the basis of the 
tolerance on potatoes at 0.2 ppm and translating those data to turnip 
roots, the Agency has determined that the tolerance in/on turnip roots 
should be decreased to 0.2 ppm. Therefore, EPA proposes decreasing the 
tolerance in 40 CFR 180.204(a) for the combined dimethoate residues of 
concern in/on turnip, roots from 2 ppm to 0.2 ppm.
    Based on available field trial data that indicate dimethoate 
residues of concern less than 0.1 ppm in/on sorghum grain and forage, 
the Agency determined that the tolerance should be decreased to 0.1 ppm 
in/on sorghum, grain, forage and a tolerance should be established for 
sorghum, grain, stover at 0.1 ppm. EPA is also revising the commodity 
terminology to conform to current Agency practice. Therefore, EPA 
proposes decreasing and revising the tolerance in 40 CFR 180.204(a) for 
the combined dimethoate residues of concern from sorghum, forage at 0.2 
ppm to sorghum, grain, forage at 0.1 ppm and establishing a tolerance 
on sorghum, grain, stover at 0.1 ppm.
    EPA is revising the commodity terminology to conform to current 
Agency practice. Also, when the tolerance reassessment was conducted 
for reregistration on dimethoate, the tolerance on ``wheat, green 
fodder'' existed. The correct terminology for ``wheat, green fodder'' 
is ``wheat, hay'' and ``wheat, forage.'' Recently, 40 CFR 180.204 has 
been revised to align commodity terminology to current standards. At 
that time, the ``wheat, green fodder'' tolerance was revised to 
``wheat, hay'' and the tolerance for ``wheat, forage'' was 
inadvertently omitted; therefore, the wheat, forage tolerance should be 
established. Lastly, the Agency is correcting the reference to 180.1(n) 
to 180.1(m) in 40 CFR 180.204(c). Therefore, EPA proposes revising the 
tolerances in 40 CFR 180.204(a) for the combined dimethoate residues of 
concern in/on alfalfa to alfalfa, forage and alfalfa, hay; from corn, 
forage to corn, field, forage and corn, sweet, forage; corn, grain to 
corn, field, grain and corn, pop, grain; corn, stover to corn, field, 
stover and corn, pop, stover; sorghum, grain to sorghum, grain, grain; 
soybean to soybean, seed; and turnip, greens to turnip, tops; proposes 
establishing a tolerance in/on wheat, forage at 2.0 ppm and proposes 
revising tolerances in 40 CFR 180.204(c) from cherry to cherry, sweet 
and cherry, tart and revising the reference of 180.1(n) to 180.1(m).
    The Codex Alimentarius Commission has established separate maximum 
residue limits (MRLs) for dimethoate per se and omethoate per se in/on 
various commodities resulting from application of the insecticides 
dimethoate, formothion, and omethoate. By contrast, the U.S. tolerance 
expression is in terms of the combined residues of dimethoate and 
omethoate, as a metabolite. Formothion and omethoate are not currently 
registered for use in the U.S. Therefore, the Codex MRLs and U.S. 
tolerances are not harmonized with respect to MRL/tolerance expression.
    6. Fenamiphos. Based on the available field trial data that 
indicate fenamiphos residues of concern are up to 1.0 ppm in/on 
peanuts, the Agency determined that the tolerance should be increased 
to 1.0 ppm. Therefore, EPA proposes increasing the tolerance in 40 CFR

[[Page 6871]]

180.349(a)(1) for fenamiphos residues of concern in/on peanut from 0.02 
ppm to 1.0 ppm. The Agency determined that the increased tolerance is 
safe; i.e., there is a reasonable certainty that no harm will result 
form aggregate exposure to the pesticide chemical residue.
    Based on the available field trial data that indicate fenamiphos 
residues of concern are less than 0.05 ppm in/on eggplant and Brussels 
sprouts, the Agency determined that the tolerances should be decreased 
to 0.05 ppm. The Agency is also decreasing the Brussels sprouts 
tolerance to harmonize with Codex. Therefore, EPA proposes decreasing 
the tolerance in 40 CFR 180.349(a)(1) for fenamiphos residues of 
concern in/on eggplant from 0.10 ppm to 0.05 ppm and Brussels sprouts 
from 0.10 ppm to 0.05 ppm.
    Pineapple bran is no longer regulated as a commodity in accordance 
with Table 1.--Raw Agricultural and Processed Commodities and 
Feedstuffs Derived from Crops which is found in Residue Chemistry Test 
Guidelines OPPTS 860.1000 dated August 1996, available at http://www.epa.gov/opptsfrs/publications/OPPTS Harmonized/860 Residue 
Chemistry Test Guidelines/Series; consequently, the Agency has 
determined that a pineapple bran tolerance is no longer needed. There 
are no active registrations for the use of fenamiphos on cotton, 
consequently the Agency has determined the cotton undelinted seed 
tolerance should be revoked. Therefore, EPA proposes removing the 
tolerance in/on pineapple, bran and revoking the tolerance in/on 
cotton, undelinted seed in 40 CFR 180.349(a)(1) for fenamiphos residues 
of concern.
    There are currently individual tolerances for grapefruit, lemon, 
lime, orange, and tangerine each at 0.60 ppm. Because there are 
established tolerances for the representative commodities for the 
fruit, citrus, group 10 and the use patterns on these commodities are 
the same, the Agency determined that the individual tolerances should 
be replaced with the fruit, citrus, group 10 tolerance. Further, in 
order to harmonize with the Codex MRLs, the Agency has determined the 
tolerances associated with these commodities should be decreased from 
0.60 to 0.50 ppm. Therefore, EPA proposes removing the tolerances in 40 
CFR 180.349(a)(1) for fenamiphos residues of concern in/on grapefruit; 
lemon; lime; orange, sweet; and tangerine each at 0.60 ppm and 
establishing a tolerance for fruit, citrus, group 10 at 0.50 ppm.
    Based on revisions of the OPPTS Harmonized Test Guidelines--Series 
860 Residue Chemistry Guidelines (August 1996) Table 1 available at 
http://www.epa.gov/opptsfrs/publications/OPPTS Harmonized/860 Residue 
Chemistry Test Guidelines/Series eliminating several animal feed items 
used to estimate secondary residues in livestock commodities, the 
Agency determined there is no expectation of finite residues in animal 
commodities in accordance with Category 40 CFR 180.6(a)(3). Therefore, 
EPA proposes revoking all of the tolerances in 40 CFR 180.349(a)(2) for 
fenamiphos residues of concern in cattle, fat; cattle, meat; cattle, 
meat byproducts; goat, fat; goat, meat; goat, meat byproducts; hog, 
fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; horse, 
meat byproducts; milk; sheep, fat; sheep, meat; sheep, meat byproducts 
each at 0.05 ppm; remove 40 CFR 180.349(a)(2); and designate 40 CFR 
180.349(a)(1) as 40 CFR 180.349(a).
    The Agency is revising commodity terminology to correspond to 
current Agency practice. Therefore, EPA proposes revising tolerances in 
40 CFR 180.349(a)(1) for fenamiphos residues of concern in/on grape, 
raisins to grape, raisin and cherry to cherry, sweet and cherry, tart.
    In accordance with section 6(f)(1) of FIFRA, the Agency issued a 
cancellation order published on December 10, 2003 (68 FR 68901) (FRL-
7332-5). The order reflects the voluntary cancellations submitted by 
Bayer CropScience for product registrations containing fenamiphos 
effective May 31, 2007. The order requires the registrant to cease 
sale/distribution of products (by persons other that Bayer CropScience) 
containing fenamiphos by May 31, 2008. Bayer CropScience anticipates 
that commodities treated with fenamiphos may continue to be imported 
into the U.S. after the final effective dates and therefore supports 
import tolerances for banana; fruit, citrus, group 10; garlic; grape; 
and pineapple. In order to permit the use of existing stocks of 
products to clear the channels of trade and for tolerances to cover 
subsequent fenamiphos residues of concern on commodities, the Agency 
determined the tolerances should expire on December 31, 2009 except for 
those tolerances for import commodities (banana; fruit, citrus, group 
10; citrus, dried pulp; citrus, oil; garlic; grape; and pineapple). The 
tolerances for banana; fruit, citrus, group 10; garlic; grape; and 
pineapple will not have a U.S. registration as of December 31, 2009, 
and will be designated as such by a footnote. Therefore, EPA proposes 
establishing an expiration/revocation date of December 31, 2009, on 
tolerances in 40 CFR 180.349 for fenamiphos residues of concern in/on 
apple; Brussels sprouts; cabbage; cherry, sweet; cherry, tart; 
eggplant; okra; peach; peanut; raspberry; strawberry; asparagus; beet, 
garden, roots; beet, garden, tops; Bok choy; kiwifruit; and pepper, 
nonbell and add the footnote ``1 There are no U.S. registrations as of 
December 31, 2009.''
    7. Phorate. Based on available field trial data that indicate 
phorate residues of concern do not exceed 0.05 ppm in or on beans, 
field and sweet corn; sorghum, grain; soybean; and sugarcane, cane; the 
Agency determined that the tolerance should be decreased to 0.05 ppm 
in/on field and sweet corn, sorghum, grain; soybean; and sugarcane, 
cane. Based on available field trial data that indicate phorate 
residues of concern do not exceed 0.2 ppm in/on potato and in order to 
harmonize with CODEX, the Agency has determined the tolerance should be 
decreased to 0.2 ppm. Therefore, EPA proposes decreasing the tolerances 
in 40 CFR 180.206(a) for phorate residues of concern in/on bean; corn, 
sweet, kernel plus cob with husks removed; corn, grain; sorghum, grain; 
soybean; and sugarcane, cane from 0.1 to 0.05 ppm; and potato from 0.5 
to 0.2 ppm.
    Based on available field trial data that indicate phorate residues 
of concern are up to 2.0 ppm in or on hops, the Agency determined that 
the tolerance should be increased to 2.0 ppm. Therefore, EPA is 
proposing to increase the tolerances in 40 CFR 180.206(a) for phorate 
residues of concern in/on hop from 0.5 to 2.0 ppm. The Agency 
determined that the increased tolerances are safe; i.e. there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue.
    The current tolerances in 40 CFR 180.206 are expressed in terms of 
phorate and its cholinesterase-inhibiting metabolites. The Agency has 
determined that the tolerance expression should be revised to harmonize 
with CODEX by regulating phorate, phorate sulfoxide, phorate sulfone, 
phorate oxygen analog, phorate oxygen analog sulfoxide, and the phorate 
oxygen analog sulfone, specifically. Therefore, EPA proposes revising 
the tolerance expression in 40 CFR 180.206(a) to regulate the combined 
residues of the insecticide phorate (O,O-diethyl S[(ethylthio) 
methyl]phosphorodithioate), phorate sulfoxide, phorate sulfone, phorate 
oxygen analog, phorate oxygen analog sulfoxide, and phorate oxygen 
analog sulfone.
    When the tolerance reassessment was conducted for reregistration on 
phorate, the tolerance on ``wheat, green fodder''

[[Page 6872]]

existed. The correct terminology for ``wheat, green fodder'' is 
``wheat, hay'' and ``wheat, forage.'' Recently, 40 CFR part 180 has 
been revised to align commodity terminology to current standards. At 
that time, the ``wheat, green fodder'' tolerance was revised to 
``wheat, hay'' and the tolerance for ``wheat, forage'' was 
inadvertently omitted. Therefore, the Agency has determined a tolerance 
in/on wheat, forage at 1.5 ppm should be established. Therefore, EPA 
proposes establishing a tolerance in 40 CFR 180.206(a) for the combined 
residues of phorate and its cholinesterase-inhibiting metabolites in/on 
wheat, forage at 1.5 ppm. The Agency determined that the increased 
tolerances are safe; i.e. there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue.
    EPA is revising commodity terminology to conform to current Agency 
practice. Therefore, EPA proposes revising the tolerances in 40 CFR 
180.206(a) for the combined residues of phorate and its cholinesterase-
inhibiting metabolites from bean to bean, dry, seed and bean, 
succulent; coffee, bean, green to coffee, green bean; corn, forage to 
corn, field, forage and corn, sweet, forage; corn, grain to corn, 
field, grain; hop to hop, dried cones; sorghum, grain to sorghum, 
grain, grain; and soybean to soybean, seed; and revise the footnote to 
``There are no U.S. registrations as of September 1, 1993, for the use 
of phorate on the growing crop, coffee.''
    The proposed tolerance actions herein for phorate, to implement the 
recommendations of the phorate IRED, reflect use patterns in the U.S. 
which support a different tolerance than the Codex level on beans, 
beets, coffee beans, because of differences in good agricultural 
practices. However, compatibility currently exists between U.S. 
tolerances and Codex MRLs for cottonseed and will exist (upon 
completion of this action) for phorate residues in or on potato, 
sorghum grain, soybean seed, field and sweet corn/maize.
    8. Sethoxydim. Based on available field trial data that indicate 
residues of sethoxydim as high as 50.7 ppm in or on clover hay and 2.2 
ppm in/on cranberry, the Agency determined that the tolerance should be 
increased to 55 ppm in/on clover, hay and 2.5 ppm in/on cranberry. 
Therefore, EPA is proposing to increase the tolerances in 40 CFR 
180.412 for sethoxydim residues of concern in/on clover, hay from 50 to 
55 ppm and cranberry from 2.0 to 2.5 ppm. The Agency determined that 
the increased tolerances are safe; i.e. there is a reasonable certainty 
that no harm will result from aggregate exposure to the pesticide 
chemical residue.
    EPA is revising commodity terminology to conform to current Agency 
practice. Therefore, EPA proposes revising the tolerances in 40 CFR 
180.412(a) for sethoxydim residues of concern in/on bean, forage to 
cowpea, forage; bean, hay to cowpea, hay; canola/rapeseed to rapeseed, 
seed and canola, seed; canola/rapeseed, meal to rapeseed, meal and 
canola, meal; coriander to coriander, leaves; corn, fodder to corn, 
field, fodder; corn, forage to corn, field, stover; fruit, citrus to 
fruit, citrus, group 10; fruit, pome to fruit, pome, group 11; 
peppermint, tops (stems and leaves) to peppermint, tops; potato flakes 
and potato granules to potato granules/flakes; potato waste, processed 
(wet and dry) to potato waste, processed; safflower to safflower, seed; 
soybean to soybean, seed; spearmint, tops (stems and leaves) to 
spearmint, tops; turnip, greens to turnip, tops; and vegetable, 
fruiting to vegetable, fruiting, group 8.
    As part of improving sethoxydim tolerance harmonization between the 
U.S. and Canada, the Agency has reexamined the residue data and 
tolerance levels for bean, dry, seed at 20 ppm; lentil, seed at 30 ppm; 
and pea, dry, seed 40 ppm. Using the tolerance/MRL calculator developed 
under the North American Free Trade Agreement (NAFTA) and the dry peas, 
lentil, and dry bean field trial data which reflect similar use 
patterns, the Agency has determined the tolerances on the dry pea, 
lentil seed, and dry bean commodities can be revised to the pea and 
bean, dried shelled, except soybean, subgroup 6C at 25 ppm, which 
covers these commodities. Therefore, EPA proposes revising the 
tolerances in 40 CFR 180.412(a) for sethoxydim residues of concern from 
bean, dry seed at 20 ppm; lentil, seed at 30 ppm; and pea, dry, seed at 
40 ppm to pea and bean, dried shelled, except soybean, subgroup 6C at 
25 ppm.
    Because apple dry pomace, citrus molasses, cotton seed soapstock, 
flax straw, peanut soapstock, tomato concentrated products, and tomato 
dry pomace are no longer recognized as raw agricultural commodities and 
are no longer considered to be significant food/feed items, the 
associated tolerances are no longer needed. The tolerance for flax seed 
currently covers the commodity flax, meal, therefore the flax, meal 
tolerance is no longer needed. Therefore, EPA is removing the 
tolerances in 40 CFR 180.412(a) in/on apple, dry pomace at 0.8 ppm; 
citrus, molasses at 1.5 ppm; cotton, seed, soapstock at 15 ppm; flax, 
straw at 2.0 ppm; flax, meal at 7 ppm; peanut, soapstock at 75.0 ppm; 
tomato, concentrated products at 24 ppm; and tomato, dry pomace at 12.0 
ppm.
    Currently, there are no Codex MRLs in place for sethoxydim.
    9. Terbufos. The current tolerance expression in 40 CFR 180.352 
regulates the insecticide terbufos (S-[[1,1-dimethyl)thio]methyl]O,O-
diethyl phosphorodithioate) and its cholinesterase-inhibiting 
metabolites. The Agency has determined that the chemical name for 
terbufos should be corrected and the tolerance expression should be 
more specific for the five phosphorylated (cholinesterase-inhibiting) 
metabolites. Therefore, EPA proposes revising the tolerance expression 
in 40 CFR 180.352(a) to regulate the combined residues of the 
insecticide terbufos (phosphorodithioic acid, S-(t-butylthio)methyl 
O,O-diethyl ester) and its phosphorylated (cholinesterase-inhibiting) 
metabolites (phosphorothioic acid, S-(t-butylthio)methyl O,O-diethyl 
ester; phosphorothioic acid, S-(t-butylsulfinyl)methyl O,O-diethyl 
ester; phosphorothioic acid, S-(t-butylsulfonyl)methyl O,O-diethyl 
ester; phosphorodithioic acid, S-(t-butylsulfinyl)methyl O,O-diethyl 
ester; and phosphorodithioic acid, S-(t-butylsulfonyl)methyl O,O-
diethyl ester).
    The Agency has determined that the coffee bean, green tolerance 
should be established for import purposes. The Agency is also revising 
the section to conform to current standards and configurations. 
Therefore, EPA proposes transferring the tolerance in 40 CFR 180.352(b) 
for the combined residues of terbufos and its cholinesterase-inhibiting 
metabolites in/on coffee bean, green at 0.05 ppm to 40 CFR 180.352(a); 
redesignate 40 CFR 180.352(b) as Section 18 emergency exemptions-
reserved; establish 40 CFR 180.352(c) as tolerances with regional 
registrations-reserved and establish 40 CFR 180.352(d) as indirect or 
inadvertent residues - reserved.
    EPA is revising commodity terminology to conform to current Agency 
practice and removing ``(N)''- negligible residue designation 
associated with some of the tolerances because the term is no longer 
applicable. Because tolerances on corn, pop, forage and corn, pop, 
stover refer to the same commodity (i.e. duplicative) and because corn, 
pop, stover is the most current terminology, the Agency has determined 
the tolerance on corn, pop, forage should be removed. Therefore, EPA 
proposes revising the tolerances in 40 CFR 180.352(a) for the

[[Page 6873]]

combined residues of terbufos and its cholinesterase-inhibiting 
metabolites from corn, grain to corn, field, grain and corn, pop, 
grain; sorghum, forage to sorghum, grain, forage; and sorghum, grain to 
sorghum, grain, grain and removing corn, pop, forage.
    The proposed tolerance actions herein for terbufos, to implement 
the recommendations of the terbufos RED, reflect different method 
levels of detection (LOD) where the LOD under the CODEX system is 0.01 
ppm and the LOD under the U.S. system is 0.05 ppm which result in 
differing Codex levels on banana, corn/maize, popcorn, sugar beets, and 
sweet corn than the U.S. tolerances. Other differences in MRLs and 
tolerances between CODEX and the U.S. exist for cereal grain straw, 
fodder and stover because some are measured on a dry weight basis 
versus a wet weight basis. Lastly, the CODEX levels have changed since 
the tolerance reassessment such that, currently none of the U.S. 
tolerances and CODEX tolerances are harmonized.
    10. Tetrachlorvinphos. Currently, the residue of concern in 40 CFR 
180.252(a)(1) is tetrachlorvinphos (2-chloro-1-(2,4,5-
trichlorophenyl)vinyl dimethyl phosphate). The chemical name of 
tetrachlorvinphos as specified in 40 CFR 180.252 should be replaced 
with the CAS chemical name: (Z)-2-chloro-1-(2,4,5-trichlorophenyl)vinyl 
dimethyl phosphate. The Agency has also determined that the 
metabolites, 1-(2,4,5-trichlorophenyl)-ethanol (free and conjugated 
forms), 2,4,5-trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-
ethanediol are also of toxicological concern and should be regulated. 
Therefore, EPA proposes revising the tolerance expression in 40 CFR 
180.252(a)(1) to regulate the residues of the insecticide 
tetrachlorvinphos ((Z)-2-chloro-1-(2,4,5-trichlorophenyl)vinyl dimethyl 
phosphate) and its metabolites, 1-(2,4,5-trichlorophenyl)-ethanol (free 
and conjugated forms), 2,4,5-trichloroacetophenone, and 1-(2,4,5-
trichlorophenyl)-ethanediol.
    Currently, EPA has insufficient data to establish permanent 
tolerances for milk, cattle, hog and poultry commodities; however, EPA 
has been able to estimate tolerances for these livestock commodities 
using existing animal metabolism data on an interim basis of 18 months 
to permit time for the submission of additional data to support 
permanent tolerances. The tolerances are also being revised to address 
the additional tetrachlorvinphos metabolites of concern. Based on the 
metabolism data which indicate the tetrachlorvinphos residues of 
concern as high as 0.18 ppm in/on cattle and hog fat; 0.50 ppm in/on 
cattle and hog kidney; 0.38 ppm in/on cattle and hog liver; 1.86 ppm 
in/on cattle and hog meat; 0.50 ppm in/on cattle and hog meat 
byproducts except kidney and liver; 0.02 ppm in milk; 0.19 ppm in/on 
eggs; 6.1 ppm in/on poultry fat; 2.32 ppm in/on poultry meat; 1.27 ppm 
in/on poultry liver and 1.27 ppm in/on meat byproducts except liver, 
the Agency determined that interim tolerances should be established for 
18 months at the decreased levels of 0.2 ppm (of which no more than 0.1 
ppm is tetrachlorvinphos per se) in/on cattle and hog fat; and 0.05 ppm 
(of which no more than 0.05 ppm is tetrachlorvinphos per se) in/on 
milk, fat. The Agency also determined that interim tolerances should be 
established for 18 months at 1.0 ppm (of which no more than 0.05 ppm is 
tetrachlorvinphos per se) in/on cattle and hog kidney; 0.5 ppm (of 
which no more than 0.05 ppm is tetrachlorvinphos per se) in/on cattle 
and hog liver; 2.0 ppm (of which no more than 2.0 ppm is 
tetrachlorvinphos per se) cattle and hog meat; 1.0 ppm in/on cattle and 
hog meat byproducts except liver and kidney; 3.0 ppm (of which no more 
than 3.0 ppm is tetrachlorvinphos per se) in/on poultry meat; 2.0 ppm 
(of which no more than 0.05 ppm is tetrachlorvinphos per se) in/on 
poultry liver; and 2.0 ppm in/on poultry meat byproducts except liver. 
The Agency determined that interim tolerances should be established for 
18 months at the increased level of 0.2 ppm (of which no more than 0.05 
ppm is tetrachlorvinphos per se) in/on eggs; and 7.0 ppm (of which no 
more than 7.0 ppm is tetrachlorvinphos per se) in/on poultry fat. 
Therefore, EPA proposes revising and establishing 18-month time-limited 
tolerances in newly proposed 40 CFR 180.252(a)(1) for residues of the 
insecticide tetrachlorvinphos and its metabolites in/on cattle, fat and 
hog, fat from 1.5 ppm to 0.2 ppm (of which no more than 0.1 ppm is 
tetrachlorvinphos per se); cattle, kidney and hog, kidney at 1.0 ppm 
(of which no more than 0.05 ppm is tetrachlorvinphos per se); cattle, 
liver and hog, liver at 0.5 ppm (of which no more than 0.05 ppm is 
tetrachlorvinphos per se); cattle, meat and hog, meat at 2.0 ppm (of 
which no more than 2.0 ppm is tetrachlorvinphos per se); cattle, meat 
byproducts except kidney and liver and hog, meat byproducts except 
kidney and liver at 1.0 ppm; milk, fat at 0.05 ppm reflecting 
negligible residues in whole milk (of which no more than 0.05 ppm is 
tetrachlorvinphos per se); eggs from 0.1 to 0.2 ppm (of which no more 
than 0.05 ppm is tetrachlorvinphos per se); poultry, fat from 0.7 to 
7.0 ppm (of which no more than 7.0 ppm is tetrachlorvinphos per se); 
poultry, meat at 3.0 ppm (of which no more than 3.0 ppm is 
tetrachlorvinphos per se); poultry, liver at 2.0 ppm (of which no more 
than 0.05 ppm is tetrachlorvinphos per se); and poultry, meat 
byproducts except liver at 2.0 ppm all of which expire on [18 months 
from the date of final publication]. The Agency determined that the 
increased tolerances are safe; i.e. there is a reasonable certainty 
that no harm will result from aggregate exposure to the pesticide 
chemical residue.
    Because the Agency is taking action to establish the time-limited 
tolerances in/on cattle, hog and poultry commodities (above), the 
Agency has determined that the exception that permits ``the safe use of 
tetrachlorvinphos as an additive to beef cattle, dairy cattle, horse 
and swine feed at the rates of 0.00015 lb per 100 lb body weight per 
day for cattle and horses, and 0.00011 lb per 100 lb body weight per 
day for swine'' is no longer necessary. In addition, any uses of 
tetrachlorvinphos in/on horses destined for slaughter are prohibited. 
Therefore, EPA proposes revoking the tolerances in 40 CFR 180.252(a)(1) 
for residues of the insecticide tetrachlorvinphos in/on goat, fat at 
0.5 ppm; horse, fat at 0.5 ppm; removing 40 CFR 180.252(a)(2); and 
changing the designation of 40 CFR 180.252(a)(1) to 40 CFR 180.252(a).
    Currently, there are no Codex MRLs in place for tetrachlorvinphos.

B. What is the Agency's Authority for Taking this Action?

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, 
as amended by FQPA of 1996, Public Law 104-170, authorizes the 
establishment of tolerances, exemptions from tolerance requirements, 
modifications in tolerances, and revocation of tolerances for residues 
of pesticide chemicals in or on raw agricultural commodities and 
processed foods. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under section 402(a) of FFDCA, 21 U.S.C. 342(a). Such 
food may not be distributed in interstate commerce (21 U.S.C. 331(a)). 
For a food-use pesticide to be sold and distributed, the pesticide must 
not only have appropriate tolerances under the FFDCA, but also must be 
registered

[[Page 6874]]

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 is proposing these tolerance actions to implement the tolerance 
recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of these processes, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of FQPA. The safety finding determination is discussed in 
detail in each post-FQPA RED and TRED for the active ingredient. REDs 
and TREDs recommend the implementation of certain tolerance actions, 
including modifications to reflect current use patterns, to meet safety 
findings, and change commodity names and groupings in accordance with 
new EPA policy. Printed and electronic copies of the REDs and TREDs are 
available as provided in Unit II.A.
    EPA has issued post-FQPA REDs (and Interim REDs) for 2,4-D, 
bensulide, DCPA, desmedipham, dimethoate, fenamiphos, phorate, 
sethoxydim, terbufos, and tetrachlorvinphos, whose REDs were completed 
prior to FQPA. Also, EPA issued a RED prior to FQPA for 
tetrachlorvinphos and made a safety finding which reassessed its 
tolerances according to the FFDCA standard, maintaining them when new 
tolerances were established as noted in Unit II.A. REDs and TREDs 
contain the Agency's evaluation of the database for these pesticides, 
including requirements for additional data on the active ingredients to 
confirm the potential human health and environmental risk assessments 
associated with current product uses, and in REDs state conditions 
under which these uses and products will be eligible for 
reregistration. The REDs and TREDs recommended the establishment, 
modification, and/or revocation of specific tolerances. RED and TRED 
recommendations such as establishing or modifying tolerances, and in 
some cases revoking tolerances, are the result of assessment under the 
FFDCA standard of ``reasonable certainty of no harm.'' However, 
tolerance revocations recommended in REDs and TREDs that are proposed 
in this document do not need such assessment when the tolerances are no 
longer necessary.
    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 section 408 of FFDCA, 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 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.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, consideration must be given to the possible 
residues of those chemicals in meat, milk, poultry, and/or eggs 
produced by animals that are fed agricultural products (for example, 
grain or hay) containing pesticides residues (40 CFR 180.6). When 
considering this possibility, EPA can conclude that:
    1. Finite residues will exist in meat, milk, poultry, and/or eggs.
    2. There is a reasonable expectation that finite residues will 
exist.
    3. There is a reasonable expectation that finite residues will not 
exist. If there is no reasonable expectation of finite pesticide 
residues in or on meat, milk, poultry, or eggs, tolerances do not need 
to be established for these commodities (40 CFR 180.6(b) and (c)).
    EPA has evaluated certain specific meat, milk, poultry, and egg 
tolerances proposed for revocation in this document and has concluded 
that there is no reasonable expectation of finite pesticide residues of 
concern in or on those commodities.

C. When Do These Actions Become Effective?

    EPA is proposing that the tolerance actions herein become effective 
on the date of publication of the final rule in the Federal Register. 
The tolerances proposed for revocation in this document are associated 
with uses that have been canceled for several years and none of the 
other tolerance actions proposed herein are expected to result in 
adulterated commodities. The Agency believes that treated commodities 
have had sufficient time for passage 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 revising the expiration date of the tolerance in the 
final rule. 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

[[Page 6875]]

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 a 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. Are the Proposed Actions Consistent with International 
Obligations?

    The tolerance actions in this proposal are not discriminatory and 
are designed to ensure that both domestically produced and imported 
foods meet the food safety standards established by FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    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 is a joint U.N. Food and Agriculture 
Organization/World Health Organization food standards program, and it 
is recognized as an international food safety standards-setting 
organization in trade agreements to which the United States is a party. 
EPA may establish a tolerance that is different from a Codex MRL; 
however, FFDCA section 408(b)(4) requires that EPA explain the reasons 
for departing from the Codex level in a notice published for public 
comment. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual REDs and TREDs, and in the 
Residue Chemistry document which supports the RED and TRED, as 
mentioned in Unit II.A. Specific tolerance actions in this proposed 
rule and how they compare to Codex MRLs (if any) are discussed in Unit 
II.A.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish tolerances 
under FFDCA section 408(e), and also modify and revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted these types of actions (e.g., 
establishment and modification of a tolerance and 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, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This proposed 
rule does not contain any information collections subject to OMB 
approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., or impose any enforceable duty or contain any unfunded mandate as 
described under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4). Nor does it require any special 
considerations as required by Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review 
or any other Agency action under Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). This action does not involve any 
technical standards that would require Agency consideration of 
voluntary consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously 
assessed whether establishment of tolerances, exemptions from 
tolerances, raising of tolerance levels, expansion of exemptions, or 
revocations might significantly impact a substantial number of small 
entities and concluded that, as a general matter, these actions do not 
impose a significant economic impact on a substantial number of small 
entities. These analyses for tolerance establishments and 
modifications, and for tolerance revocations were published on May 4, 
1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020) (FRL-5753-1), 
respectively, and were provided to the Chief Counsel for Advocacy of 
the Small Business Administration. Taking into account this analysis, 
and available information concerning the pesticides listed in this 
proposed rule, the Agency hereby certifies that this proposed rule will 
not have a significant negative economic impact on a substantial number 
of small entities. In a memorandum dated May 25, 2001, EPA determined 
that eight conditions must all be satisfied in order for an import 
tolerance or tolerance exemption revocation to adversely affect a 
significant number of small entity importers, and that there is a 
negligible joint probability of all eight conditions holding 
simultaneously with respect to any particular revocation. (This Agency 
document is available in the docket of this proposed rule). 
Furthermore, for the pesticide named in this proposed rule, the Agency 
knows of no extraordinary circumstances that exist as to the present 
proposal that would change EPA's previous analysis. Any comments about 
the Agency's determination should be submitted to EPA along with 
comments on the proposal, and will be addressed prior to issuing a 
final rule. In addition, the Agency has determined that this action 
will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This proposed rule directly regulates growers, food 
processors, food handlers, and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has 
determined that this proposed rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
67249, November 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

[[Page 6876]]

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 22, 2008.
Marty Monell,
Acting Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 180--[AMENDED]

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

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

    2. Section 180.142 is amended by revising the entries for 
``Grape,'' ``Fruit, pome, group 11,'' ``Fruit, stone, group 12,'' and 
``Strawberry'' in the table in paragraph (a) to read as follows:


Sec.  180.142  2,4-D; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
                                * * * * *
Grape......................................................         0.05
                                * * * * *
Fruit, pome, group 11......................................         0.05
Fruit, stone, group 12.....................................         0.05
                                * * * * *
Strawberry.................................................         0.05
                                * * * * *
------------------------------------------------------------------------

* * * * *
    3. Section 180.185 is amended by removing the entry for 
``Vegetable, brassica, leafy, group 5'' from the table in paragraph (d) 
and adding it alphabetically to the table in paragraph (a) to read as 
follows.


Sec.  180.185  DCPA; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
                                * * * * *
Vegetable, brassica, leafy, group 5........................         0.05
                                * * * * *
------------------------------------------------------------------------

* * * * *
    4. Section 180.204 is amended by revising the table in paragraphs 
(a) and (c) to read as follows:


Sec.  180.204  Dimethoate; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................          2.0
Alfalfa, hay...............................................          2.0
Bean, dry, seed............................................          2.0
Bean, lima.................................................          2.0
Bean, snap, succulent......................................          2.0
Blueberry\1\...............................................          1.0
Broccoli...................................................          2.0
Cattle, meat byproducts....................................         0.02
Cauliflower................................................          2.0
Celery.....................................................          2.0
Citrus, dried pulp.........................................          5.0
Corn, field, forage........................................          1.0
Corn, field, grain.........................................          0.1
Corn, field, stover........................................          1.0
Corn, pop, grain...........................................          0.1
Corn, pop, stover..........................................          1.0
Corn, sweet, forage........................................          1.0
Cotton, undelinted seed....................................          0.1
Egg........................................................         0.02
Endive.....................................................          2.0
Goat, meat byproducts......................................         0.02
Grapefruit.................................................          2.0
Hog, meat byproducts.......................................         0.02
Horse, meat byproducts.....................................         0.02
Kale.......................................................          2.0
Lemon......................................................          2.0
Lettuce, leaf..............................................          2.0
Melon......................................................          1.0
Milk.......................................................        0.002
Mustard greens.............................................          2.0
Orange, sweet..............................................          2.0
Pear.......................................................          2.0
Pea........................................................          2.0
Pecan......................................................          0.1
Pepper.....................................................          2.0
Potato.....................................................          0.2
Poultry, meat byproducts...................................         0.02
Safflower, seed............................................          0.1
Sheep, meat byproducts.....................................         0.02
Sorghum, grain, forage.....................................          0.1
Sorghum, grain, grain......................................          0.1
Sorghum, grain, stover.....................................          0.1
Soybean, seed..............................................         0.05
Soybean, forage............................................          2.0
Soybean, hay...............................................          2.0
Swiss chard................................................          2.0
Tangerine..................................................          2.0
Tomato.....................................................          2.0
Turnip, tops...............................................          2.0
Turnip, roots..............................................          0.2
Wheat, forage..............................................          2.0
Wheat, grain...............................................         0.04
Wheat, hay.................................................          2.0
Wheat, straw...............................................          2.0
------------------------------------------------------------------------
1There are U.S. registrations as of August 16, 1996.

* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in 180.1(m), are established for 
total residues of dimethoate including its oxygen analog in or on the 
following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Asparagus..................................................         0.15
Brussels sprouts...........................................          5.0
Cherry, sweet..............................................          2.0
Cherry, tart...............................................          2.0
------------------------------------------------------------------------

* * * * *
    5. Section 180.206 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.206  Phorate; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide phorate (O,O-diethyl S[(ethylthio) 
methyl]phosphorodithioate), phorate sulfoxide, phorate sulfone, phorate 
oxygen analog, phorate oxygen analog sulfoxide, and phorate oxygen 
analog sulfone in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Bean, dry, seed............................................         0.05
Bean, succulent............................................         0.05
Beet, sugar, roots.........................................          0.3
Beet, sugar, tops..........................................          3.0
Coffee, green bean\1\......................................         0.02
Corn, field, forage........................................          0.5
Corn, field, grain.........................................         0.05
Corn, sweet, forage........................................          0.5
Corn, sweet, kernel plus cob with husks removed............         0.05
Cotton, undelinted seed....................................         0.05
Hop, dried cones...........................................          2.0
Peanut.....................................................          0.1
Potato.....................................................          0.2
Sorghum, grain, grain......................................         0.05
Sorghum, grain, stover.....................................          0.1
Soybean, seed..............................................         0.05
Sugarcane, cane............................................         0.05
Wheat, forage..............................................          1.5
Wheat, grain...............................................         0.05
Wheat, hay.................................................          1.5
Wheat, straw...............................................         0.05
------------------------------------------------------------------------
\1\There are no U.S. registrations as of September 1, 1993, for the use
  of phorate on the growing crop, coffee.

* * * * *
    6. Section 180.241 is amended by revising the heading and 
paragraphs (a) and (c) to read as follows:


Sec.  180.241  Bensulide; tolerances for residues.

    (a) General. Tolerances are established for the residues of S-(O,O-
diisopropyl phosphorodithioate) of N-

[[Page 6877]]

(2-mercaptoethyl) benzenesulfonamide including its oxygen analog S-
(O,O-diisopropylphosphorodithioate) of N-(2-mercaptoethyl) 
benzenesulfonamide in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Onion, bulb................................................         0.10
Vegetable, brassica, leafy group 5.........................         0.15
Vegetable, cucurbits group 9...............................         0.15
Vegetable, fruiting group 8................................         0.10
Vegetable, leafy except brassica group 4...................         0.15
------------------------------------------------------------------------

* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in 180.1(m), are established for the 
residues of S-(O,O-diisopropyl phosphorodithioate) of N-(2-
mercaptoethyl) benzenesulfonamide including its oxygen analog S-(O,O-
diisopropylphosphorodithioate) of N-(2-mercaptoethyl) 
benzenesulfonamide in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Carrot, roots..............................................         0.10
------------------------------------------------------------------------

* * * * *
    7. Section 180.252 is amended by revising paragraph (a) to read as 
follows:


Sec. 180.252  Tetrachlorvinphos; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide tetrachlorvinphos ((Z)-2-chloro-1-(2,4,5-
trichlorophenyl) vinyl dimethyl phosphate) and its metabolites, 1-
(2,4,5-trichlorophenyl)-ethanol (free and conjugated forms), 2,4,5-
trichloroacetophenone, and 1-(2,4,5-trichlorophenyl)-ethanediol in/on 
the following food commodities:

------------------------------------------------------------------------
                                                         Expiration/
            Commodity             Parts per million    Revocation Date
------------------------------------------------------------------------
Cattle, fat (of which no more                   0.2  [date 18 months
 than 0.1 ppm is                                      from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Cattle, kidney (of which no more                1.0  [date 18 months
 than 0.05 ppm is                                     from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Cattle, liver (of which no more                 0.5  [date 18 months
 than 0.05 ppm is                                     from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Cattle, meat (of which no more                  2.0  [date 18 months
 than 2.0 ppm is                                      from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Cattle, meat by products except                 1.0  [date 18 months
 kidney and liver                                     from the date of
                                                      Final tolerance
                                                      publication]
Egg (of which no more than 0.05                 0.2  [date 18 months
 ppm is tetrachlorvinphos per                         from the date of
 se)                                                  Final tolerance
                                                      publication]
Hog, fat (of which no more than                 0.2  [date 18 months
 0.1 ppm is tetrachlorvinphos                         from the date of
 per se)                                              Final tolerance
                                                      publication]
Hog, kidney (of which no more                   1.0  [date 18 months
 than 0.05 ppm is                                     from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Hog, liver (of which no more                    0.5  [date 18 months
 than 0.05 ppm is                                     from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Hog, meat (of which no more than                2.0  [date 18 months
 2.0 ppm is tetrachlorvinphos                         from the date of
 per se)                                              Final tolerance
                                                      publication]
Hog, meat byproducts except                     1.0  [date 18 months
 kidney and liver                                     from the date of
                                                      Final tolerance
                                                      publication]
Milk, fat (reflecting negligible               0.05  [date 18 months
 residues in whole milk and of                        from the date of
 which no more than 0.05 ppm is                       Final tolerance
 tetrachlorvinphos per se)                            publication]
Poultry, fat (of which no more                  7.0  [date 18 months
 than 7.0 ppm is                                      from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Poultry, liver (of which no more                2.0  [date 18 months
 than 0.05 ppm is                                     from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Poultry, meat (of which no more                 3.0  [date 18 months
 than 3.0 ppm is                                      from the date of
 tetrachlorvinphos per se)                            Final tolerance
                                                      publication]
Poultry, meat byproducts except                 2.0  [date 18 months
 liver                                                from the date of
                                                      Final tolerance
                                                      publication]
------------------------------------------------------------------------

* * * * *
    8. Section 180.349 is amended by revising paragraph (a) and the 
table in paragraph (c) to read as follows:


Sec.  180.349  Fenamiphos; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the nematocide fenaminphos, (ethyl 3-methyl-4-(methylthio) phenyl 
(1-methylethyl) phosphoramidate, and its cholinesterase inhibiting 
metabolites ethyl 3-methyl-4-(methylsulfinyl) phenyl (1-methylethyl) 
phosphoramidate and ethyl 3-methyl-4-(methylsulfonyl) phenyl (1-
methylethyl) phosporamidate in or on the following food commodities:

------------------------------------------------------------------------
                                      Parts per    Expiration/Revocation
             Commodity                 million             Date
------------------------------------------------------------------------
Apple..............................         0.25  December 31, 2009
Banana\1\..........................         0.10  None
Brussels sprouts...................         0.05  December 31, 2009
Cabbage............................         0.10  December 31, 2009
Cherry, sweet......................         0.25  December 31, 2009
Cherry, tart.......................         0.25  December 31, 2009
Citrus, dried pulp.................          2.5  None
Citrus, oil........................         25.0  None
Eggplant...........................         0.05  December 31, 2009
Fruit, citrus, group 10\1\.........         0.50  None
Garlic\1\..........................         0.50  None
Grape\1\...........................         0.10  None

[[Page 6878]]

 
Grape, raisin......................         0.30  None
Okra...............................         0.30  December 31, 2009
Peach..............................         0.25  December 31, 2009
Peanut.............................          1.0  December 31, 2009
Pineapple\1\.......................         0.30  None
Raspberry..........................         0.10  December 31, 2009
Strawberry.........................         0.60  December 31, 2009
------------------------------------------------------------------------
\1\There are no U.S. registrations as of December 31, 2009.

* * * * *
    (c) Tolerances with regional registrants. * * *

------------------------------------------------------------------------
                                      Parts per    Expiration/Revocation
             Commodity                 million             Date
------------------------------------------------------------------------
Asparagus..........................         0.02  December 31, 2009
Beet, garden roots.................          1.5  December 31, 2009
Beet, garden, tops.................          1.0  December 31, 2009
Bok choy...........................         0.50  December 31, 2009
Kiwifruit..........................         0.10  December 31, 2009
Pepper, nonbell....................         0.60  December 31, 2009
------------------------------------------------------------------------

* * * * *
    9. Section 180.352 is revised to read as follows:


Sec.  180.352  Terbufos; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide terbufos (phosphorodithioic acid, S-(t-
butylthio)methyl O,O-diethyl ester) and its phosphorylated 
(cholinesterase-inhibiting) metabolites (phosphorothioic acid, S-(t-
butylthio)methyl O,O-diethyl ester; phosphorothioic acid, S-(t-
butylsulfinyl)methyl O,O-diethyl ester; phosphorothioic acid, S-(t-
butylsulfonyl)methyl O,O-diethyl ester; phosphorodithioic acid, S-(t-
butylsulfinyl)methyl O,O-diethyl ester; and phosphorodithioic acid, S-
(t-butylsulfonyl)methyl O,O-diethyl ester) in or on food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Banana.....................................................        0.025
Beet, sugar, roots.........................................         0.05
Beet, sugar, tops..........................................          0.1
Coffee, green bean\1\......................................         0.05
Corn, field, forage........................................          0.5
Corn, field, grain.........................................          0.5
Corn, field, stover........................................          0.5
Corn, pop, grain...........................................          0.5
Corn, pop, stover..........................................          0.5
Corn, sweet, kernel plus cob with husks removed............         0.05
Corn, sweet, forage........................................          0.5
Corn, sweet, stover........................................          0.5
Sorghum, grain, forage.....................................          0.5
Sorghum, grain, grain......................................         0.05
Sorghum, grain, stover.....................................          0.5
------------------------------------------------------------------------
\1\There are no U. S. registrations as of August 2, 1995, for the use of
  terbufos on the growing crop, coffee.

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    10. Section 180.353 is amended by revising the table in paragraph 
(a) to read as follows:


Sec.  180.353  Desmedipham; tolerances for residues.

    (a) General.
* * * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Beet, garden, roots........................................         0.05
Beet, garden, tops.........................................          1.0
Beet, sugar, roots.........................................          0.1
Beet, sugar, tops..........................................          5.0
Spinach....................................................          6.0
------------------------------------------------------------------------

* * * * *
    11. Section 180.412 is amended by revising the table in paragraph 
(a) to read as follows:


Sec.  180.412  Sethoxydim; tolerances for residues.

    (a) General. * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................           40
Alfalfa, hay...............................................           40
Almond, hulls..............................................          2.0
Apricot....................................................          0.2
Apple, wet pomace..........................................          0.8
Asparagus..................................................          4.0
Bean, succulent............................................           15
Beet, sugar, molasses......................................           10
Beet, sugar, tops..........................................          3.0
Blueberry..................................................          4.0
Borage, meal...............................................           10
Borage, seed...............................................          6.0
Buckwheat, flour...........................................           25
Buckwheat, grain...........................................           19
Caneberry subgroup 13 A....................................          5.0
Canola, meal...............................................           40
Canola, seed...............................................           35
Cattle, fat................................................          0.2
Cattle, meat...............................................          0.2
Cattle, meat byproducts....................................          1.0
Cherry, sweet..............................................          0.2
Cherry, tart...............................................          0.2
Citrus, dried pulp.........................................          1.5
Clover, forage.............................................           35
Clover, hay................................................           55
Coriander, leaves..........................................          4.0
Corn, field, fodder........................................          2.5
Corn, field, grain.........................................          0.5
Corn, field, stover........................................          2.0
Corn, sweet, forage........................................          3.0
Corn, sweet, kernel plus cob with husk removed.............          0.4
Corn, sweet, stover........................................          3.5
Cotton, undelinted seed....................................          5.0
Cowpea, forage.............................................           15
Cowpea, hay................................................           50
Cranberry..................................................          2.5
Dillweed, fresh leaves.....................................           10
Egg........................................................          2.0
Flax, seed.................................................          5.0
Fruit, citrus, group 10....................................          0.5
Fruit, pome, group 11......................................          0.2
Goat, fat..................................................          0.2
Goat, meat.................................................          0.2
Goat, meat byproducts......................................          1.0
Grape......................................................          1.0
Grape, raisin..............................................          2.0
Hog, fat...................................................          0.2
Hog, meat..................................................          0.2
Hog, meat byproducts.......................................          1.0
Horse, fat.................................................          0.2
Horse, meat................................................          0.2
Horse, meat byproducts.....................................          1.0
Juneberry..................................................          5.0
Lingonberry................................................          5.0
Milk.......................................................          0.5
Nectarine..................................................          0.2
Nut, tree, group 14........................................          0.2
Okra.......................................................          2.5
Pea and bean, dried shelled, except soybean, subgroup 6C...           25
Pea, field, hay............................................           40
Pea, field, vines..........................................           20
Pea, succulent.............................................           10
Peach......................................................          0.2
Peanut.....................................................           25
Peppermint, tops...........................................           30
Pistachio..................................................          0.2
Potato granules/flakes.....................................          8.0
Potato waste, processed....................................          8.0
Poultry, fat...............................................          0.2
Poultry, meat..............................................          0.2

[[Page 6879]]

 
Poultry, meat byproducts...................................          2.0
Radish, tops...............................................          4.5
Rapeseed, meal.............................................           40
Rapeseed, seed.............................................           35
Safflower, seed............................................           15
Salal......................................................          5.0
Sheep, fat.................................................          0.2
Sheep, meat................................................          0.2
Sheep, meat byproducts.....................................          1.0
Soybean, hay...............................................           10
Soybean, seed..............................................           16
Spearmint, tops............................................           30
Strawberry.................................................           10
Sunflower, meal............................................           20
Sunflower, seed............................................          7.0
Turnip, tops...............................................          5.0
Vegetable, brassica, leafy, group 5........................          5.0
Vegetable, bulb, group 3...................................          1.0
Vegetable, cucurbit, group 9...............................          4.0
Vegetable, fruiting, group 8...............................          4.0
Vegetable, leafy, except brassica, group 4.................          4.0
Vegetable, root and tuber, group 1.........................          4.0
------------------------------------------------------------------------

* * * * *
[FR Doc. E8-2094 Filed 2-5-08; 8:45 am]
BILLING CODE 6560-50-S


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