53732 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

* * * * * 

[FR Doc. E8–21589 Filed 9–16–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0674; FRL–8375–2] 

2,4-D, Bensulide, Chlorpyrifos, DCPA, 

Desmedipham, Dimethoate, 

Fenamiphos, Metolachlor, Phorate, 

Sethoxydim, Terbufos, 

Tetrachlorvinphos, and Triallate; 

Tolerance Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking certain 

tolerances for the herbicides 

metolachlor and sethoxydim and the 

insecticides chlorpyrifos, dimethoate, 

fenamiphos, terbufos, and 

tetrachlorvinphos. Also, EPA is 

modifying certain tolerances for the 

herbicides 2,4-D, DCPA, desmedipham, 

metolachlor, sethoxydim, and triallate 

and the insecticides chlorpyrifos, 

dimethoate, fenamiphos, phorate, and 

tetrachlorvinphos. In addition, EPA is 

establishing new tolerances for the 

herbicides bensulide, metolachlor, and 

sethoxydim and the insecticide 

chlorpyrifos. The regulatory actions 

finalized in this document are in followup 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: This regulation is effective 

September 17, 2008. Objections and 

requests for hearings must be received 

on or before November 17, 2008, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–0674. All documents in the 

docket are listed in the docket index 

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

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 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 

Docket Facility is open 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: smith.janescott@epa.gov@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 436a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2007–0674 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before November 17, 2008. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2007–0674, by one of 

the following methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background 

A. What Action is the Agency Taking? 

In the Federal Register of February 6, 

2008 (73 FR 6867) (FRL–8345–2), 

August 8, 2007 (72 FR 44439) (FRL– 

8138–8), and May 23, 2007 (72 FR 

28912) (FRL–8130–8), EPA issued 

proposals to revoke, modify, and 

establish specific tolerances for residues 

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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53733 

of the herbicides 2,4-D, bensulide, 

DCPA, desmedipham, metolachlor, 

sethoxydim, and triallate and the 

insecticides chlorpyrifos, fenamiphos, 

phorate, dimethoate, terbufos, and 

tetrachlorvinphos. Also, the proposals 

of February 6, 2008, August 8, 2007, and 

May 23, 2007, provided a 60–day 

comment period which invited public 

comment for consideration and for 

support of tolerance retention under 

FFDCA standards. 

In this final rule, EPA is revoking, 

modifying, and establishing specific 

tolerances for residues of 2,4-D, 

bensulide, chlorpyrifos, DCPA, 

desmedipham, dimethoate, fenamiphos, 

metolachlor, phorate, sethoxydim, 

terbufos, tetrachlorvinphos, and triallate 

in or on commodities listed in the 

regulatory text of this document. 

EPA is finalizing these tolerance 

actions in order 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 on Food Quality Protection 

Act (FQPA) Tolerance Reassessment 

Progress and Interim 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, to 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 and TREDs are available on the 

Internet at http://www.regulations.gov 

and http:// www.epa.gov/pesticides/ 

reregistration/status.htm. 

In this final rule, EPA is revoking 

certain tolerances and/or tolerance 

exemptions because either they are no 

longer needed or are associated with 

food uses that are no longer registered 

under FIFRA in the United States. 

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 active ingredient. The 

tolerances revoked by this final rule are 

no longer necessary to cover residues of 

the relevant pesticides in or on 

domestically treated commodities or 

commodities treated outside but 

imported into the United States. It is 

EPA’s general practice to issue a final 

rule revoking those tolerances and 

tolerance exemptions 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 or 

tolerance exemption to cover residues in 

or on imported commodities or legally 

treated domestic commodities. 

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. 

Generally, EPA will proceed with the 

revocation of these tolerances on the 

grounds discussed in Unit II.A., if one 

of the following conditions applies: 

• Prior to EPA’s issuance of a FFDCA 

section 408(f) order requesting 

additional data or issuance of a FFDCA 

section 408(d) or (e) order revoking the 

tolerances on other grounds, 

commenters retract the comment 

identifying a need for the tolerance to be 

retained. 

• EPA independently verifies that the 

tolerance is no longer needed. 

• The tolerance is not supported by 

data that demonstrate that the tolerance 

meets the requirements under FQPA. 

In response to the proposals 

published in the Federal Register of 

February 6, 2008, and August 8, 2007, 

EPA received comments during the 60– 

day public comment period, as follows: 

1. Comment by Juan Antonio Castelo 

de la Rosa, Mexican grower, packers 

and exporters of tomatoes and other 

vegetables; Juan Antonio Lopez Barajas, 

Baja Produce, LLC; Ronald Bown F., 

Asociacio ́n de Exportadores de Chile 

A.G. (ASOEX); Hector CelisAguirre, 

Koor Intercomercial, SA; Celso G. 

Goseco, Ph.D.; Del Monte Fresh Produce 

Company: Dr. J. Angel Saavedra, Dow 

AgroSciences Mexico; Yasuyo 

Tadokoro, Lepon Holzworth & Kato 

PLLC. (EPA–HQ–OPP–2007–0445–0010– 

0012). In summary, their comments 

object to either the revocation of the 

tomato tolerance and/or the reduction of 

the apple and grape tolerances 

associated with chlorpyrifos. They have 

expressed concern about the economic 

impacts on exports to the United States 

for growers, exporters, and others. 

Chlorpyrifos is considered a primary 

economical tool for managing pests 

associated with tomato, apple, and 

grape production. 

Agency response. The EPA has 

proposed revoking the tolerance on 

tomatoes, and reducing the tolerances 

on apples and grapes based on use 

patterns resulting in lower residues due 

to the dietary risk posed to children. In 

June of 2000 a mitigation strategy was 

developed between the EPA and 

registrants of the technical and 

manufacturing use products at the time, 

who agreed to mitigate, and in some 

cases, eliminate uses resulting in 

reduced exposures and risks from 

chlorpyrifos. Based on use patterns 

before the June 2000 mitigation 

agreement, the acute dietary risk from 

residues of chlorpyrifos in/on food 

exceeded 100% for the most highly 

exposed subpopulation, children 1–6 

years old, where greater than 100% 

constitutes dietary risk. The 

commodities that contributed the most 

to that risk estimate are apples (residues 

resulting from post-bloom uses), grapes 

(residues primarily on imported crops), 

and fresh tomatoes (residues primarily 

on imported crops). The mitigation 

measures in the June 2000 mitigation 

agreement addressed these dietary risks 

by 

i. Canceling use on tomatoes and 

revoking the associated tolerance. 

ii. Restricting use on apples to prebloom (dormant) applications and 

reducing the tolerance to 0.01 part per 

million (ppm) to reflect this new use 

pattern. 

iii. Reducing the tolerance on grapes 

to 0.01 ppm to reflect the domestic 

dormant use pattern. 

With these mitigation measures in 

place, the acute dietary risk from food 

is below 100% for all population 

subgroups, including the most sensitive 

population subgroup, children 1–6 years 

old meeting the safety standard in 

accordance with FFDCA. Therefore, the 

Agency is going forward with the 

revocation of the tolerance on tomatoes 

and the reduction of the tolerance levels 

for apples and grapes. 

2. Comment by Syngenta. (EPA–HQ– 

2007–0445–0013). i. Revocation of 

tolerance in stone fruit - use of Smetolachlor in stone fruit is an 

important tool for Canadian fruit 

producers; and therefore, it would be 

beneficial to maintain United States 

tolerances to avoid any trade irritant 

issues for these crops being exported 

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53734 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

from Canada to the United States. 

Canada currently has a tolerance of 0.1 

ppm for S-metolachlor in apples, 

apricots, cherries, peaches/nectarines, 

pears and plums. 

ii. Increase in tolerance for Crop 

Group 6A from 0.3 ppm to 0.5 ppm - 

Canada currently has a tolerance of 0.3 

ppm for S-metolachlor in peas and snap 

beans. An increase in the United States 

tolerance could result in a trade irritant 

for these crops exported from the United 

States to Canada. 

iii. Decrease in tolerance for Crop 

Group 6C from 0.3 ppm to 0.1 ppm - 

Canada currently has a tolerance of 0.3 

ppm for S-metolachlor in dry beans. A 

decrease in the United States tolerance 

could result in a trade irritant for these 

crops exported from Canada to the 

United States. 

iv. Increase in tolerance for egg and 

meat from 0.02 pm to 0.04 ppm - 

Canada currently has a tolerance of 0.02 

ppm for S-metolachlor in eggs, meat of 

cattle, goats, hogs, poultry and sheep. 

An increase in the United States 

tolerance could result in a trade irritant 

for these animal products exported from 

the United States to Canada. 

v. Increase tolerance in animal liver 

from 0.05 ppm to 0.1 ppm - Canada 

currently has a tolerance of 0.05 ppm for 

S-metolachlor in liver of cattle and 

poultry. An increase in the United 

States tolerance could result in a trade 

irritant for these animal products 

exported from the United States to 

Canada. 

Agency response. The fruit, stone 

group 12 tolerance is being revoked in 

40 CFR 180.368(a)(1) for metolachlor. 

There is currently no tolerance for Smetolachlor in/on fruit, stone group 12 

to be retained. Although the Agency 

agrees with the harmonization of 

tolerances for both metolachlor and Smetolachlor to prevent trade irritant 

issues as discussed in Syngenta’s 

comments 2-5, and it appears the 

residue data may support harmonization 

of these tolerances, any modification to 

these tolerances needs to be formally 

proposed, which the Agency intends to 

do in a future action. 

3. Comment by private citizen (EPA– 

HQ–OPP–2007–0445–0014). Tolerances 

should be established for residues of 

metolachlor on okra and dill as a 

consequence of the seed and pod 

vegetable crop group revisions. 

Agency Response. The Agency agrees 

that okra and dill tolerances should be 

established. Tolerances were proposed 

for residues of metolachlor in/on okra 

and dill at 0.5 ppm in the Federal 

Register May 21, 2008 (73 FR 29456) 

(FRL–8362–1). 

4. Comment by private citizen (EPA– 

HQ–OPP–2007–0674–0016 and 

–0016.1). A private citizen requested 

that the Agency retain the fenamiphos 

tolerances on apple, cottonseed, and 

meat commodities citing information 

relative to risk as the basis for the 

comment. 

Agency response. The commenter did 

address EPA’s basis for revocation of the 

tolerances, i.e., the fact there are no 

longer active U.S. registrations, and 

therefore, no need for the tolerances. 

The expiration/revocation dates set for 

the tolerances are based on the 

cancellation of the last active product 

registration containing the active 

ingredient, fenamiphos. Therefore, the 

Agency is revoking the fenamiphos 

tolerances and is finalizing other 

tolerance actions including any 

revocations, modifications, 

establishments and nomenclature 

revisions in 40 CFR 180.349 as was 

proposed (including apple with a 

expiration/revocation date of December 

31, 2009) on February 6, 2008 (73 FR 

6867)(FRL–8345–2). 

5. Comment by Private Citizen (EPA– 

HQ–OPP–2007–0674–0018). A comment 

was received from a private citizen who 

agreed with the Agency’s proposed 

revocation of tolerances for dimethoate 

residues of concern on apple; cabbage; 

collards; grape; lentil, seed; spinach; 

and revision of lettuce to leaf lettuce 

(due to cancellation of the last 

dimethoate registration for use on head 

lettuce); and establishment of a 

tolerance on wheat forage at 2.0 ppm. 

Agency response. The Agency 

appreciates the comment of support to 

implement the proposed dimethoate 

tolerance actions. A response on 

dimethoate tolerance actions is 

provided in more detail in the Agency’s 

response to another comment on 

dimethoate which follows. 

6. Comment by National Resources 

Defense Council (NRDC) OPP–2007– 

0674–0017 and –0017.1). A comment 

was received from the NRDC which 

states general agreement with a number 

of proposed tolerance revocations, but 

also notes a number of proposed 

increases to tolerances or establishment 

of tolerances (including ones on 

bensulide, desmedipham, fenamiphos, 

phorate, sethoxydim, and 

tetrachlorvinphos). In particular, NRDC 

expresses concerns previously made to 

EPA on 2,4-D (including aggregate and 

exposure risks, and FQPA safety factor; 

docket ID number EPA–HQ–OPP–2004– 

0167) and on dimethoate (including 

benchmark dose (BMD) analysis and the 

special FQPA 10X safety factor; docket 

ID number EPA–HQ–OPP–2005–0084) 

which it again references here. 

Agency response. In documents dated 

December 16, 2004, January 7, 2005, and 

July 12, 2005, the Agency responded to 

comments, concerning the human 

health risk assessment, submitted 

during Phase 3 and Phase 5 of the 

public participation process for 2,4-D. 

These documents are available in docket 

number EPA–HQ–OPP–2004–0167 

(entries –0090, –0221, and 0242) at 

http://www.regulations.gov. The Agency 

responded to NRDC’s comments on 2,4- 

D in these documents and no new 

information is provided in their current 

comment, therefore the Agency reiterates the previous responses given 

there. The Agency notes that the 2,4-D 

risk assessment states that the 

toxicological database is complete with 

the exception of a developmental 

neurotoxicity study, a repeat 2– 

generation reproduction study, and a 

28–day inhalation toxicity study. The 

FQPA database uncertainty factor has 

been included in the 2,4-D risk 

assessment to address the uncertainties 

regarding developmental effects. The 

Agency issued a Data Call-In for 2,4-D 

in 2007 and expects to receive the 

inhalation toxicity data in early 2009 

and developmental and reproduction 

toxicity data in early 2011 (see (page 1 

of the Addendum to February 2, 2007 

Memorandum: Response to Public 

Comments on the Dimethoate IRED in 

the revised IRED dated 8–2007 for 

details). Although additional data have 

been required to confirm the 

reregistration eligibility decision, the 

Agency bridged data and made 

conservative assumptions to conduct 

the risk assessment to make the 

reregistration eligibility decision until 

the confirmatory data are received. 

Should submitted data fail to confirm 

the reregistration eligibility decision, 

the decision will be amended as 

appropriate. However, the generic 

database supporting the reregistration of 

2,4-D for eligible uses has been 

reviewed and determined to be 

substantially complete. In completing 

the risk assessment and reregistration 

eligibility decision for 2,4-D, the Agency 

has taken into account the complete 

toxicity profile for 2,4-D. Consequently, 

herein, the Agency is finalizing the 

tolerance actions on 2,4-D as described 

in the proposal of February 6, 2008 (73 

FR 6867)(FRL–8345–2). The Agency has 

determined that these increased 

tolerances and new tolerances to be 

established are safe; i.e., there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue. 

In a document dated January 31, 2006, 

the Agency responded to comments 

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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53735 

submitted during Phase 5b of the public 

participation process for dimethoate. 

That document is available in docket 

number EPA–HQ–OPP–2005–0084 

(entry –0036). The Agency responded to 

NRDC’s comments on the Dimethoate 

Revised Risk Assessments and Risk 

Reduction Options on pages 20–26 of its 

response. Because no new information 

is provided in their current comment, 

the Agency reiterates the previous 

responses given there. As described, 

developmental and reproductive 

toxicity studies are available for 

dimethoate and omethoate. Prenatal 

developmental toxicity studies in rats 

and rabbits showed no indication of 

increased susceptibility of rat or rabbit 

fetuses to in utero exposure to 

dimethoate or omethoate. Similarly, 

there was no indication of increased 

susceptibility in the offspring as 

compared to parental animals in the 

reproduction studies. Acceptable 

developmental neurotoxicity and 

comparative cholinesterase (ChE) 

studies are available for dimethoate. 

BMD analysis of the ChE data from the 

comparative ChE study indicates that 

juvenile animals exhibit similar 

sensitivity to dimethoate from acute or 

multiple exposures. Furthermore, BMD 

analysis indicates that use of the BMD 

L10 (the estimated dose at which 10% 

ChE is observed at the lower 95% 

confidence interval) for brain ChE is 

protective for potential pup mortality; 

therefore, a special hazard-based FQPA 

factor is not needed. However, an 

uncertainty factor of 100 was applied to 

the doses selected for risk assessment to 

account for both interspecies 

extrapolation and intraspecies 

variability. The BMD analysis of the pup 

mortality data from the dimethoate DNT 

study was performed using EPA’s 

Benchmark Dose Software (BMDS). The 

BMDS, user’s manual, and technical 

guidance can be obtained at http:// 

www.epa.gov/ncea/bmds.htm. BMD 

analysis of brain ChE data was also 

performed by the Agency using the 

exponential dose-response model. The 

Agency’s development of the 

exponential model and the Agency’s use 

of the model for ChE inhibition have 

been well documented in previous SAP 

presentations since 2001, and are 

available on the EPA’s SAP website at 

http://www.epa.gov/scipoly/sap/ 

index.htm. Datasets upon which the 

dimethoate BMD values are based along 

with all model outputs were provided to 

the public at the time of the FIFRA SAP 

in 2004. These can be found in the 

appendices to the dimethoate issue 

paper on the EPA’s SAP website at 

http://www.epa.gov/scipoly/sap/2004/ 

november/appendix9.pdf. 

Consequently, the Agency is finalizing 

the tolerance actions on dimethoate as 

described in the proposal of February 6, 

2008. The Agency has determined that 

these increased tolerances and new 

tolerances to be established are safe; i.e., 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the pesticide chemical 

residue. 

Regarding proposed tolerance 

increases and establishments for 

bensulide, desmedipham, fenamiphos, 

phorate, sethoxydim, and 

tetrachlorvinphos, while the commenter 

expressed a general concern, no 

chemical specific comments were made. 

The Agency is finalizing the tolerance 

actions on dimethoate as described in 

the proposal of February 6, 2008. The 

Agency has determined that these 

increased tolerances and new tolerances 

to be established are safe; i.e., there is 

a reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue. 

Triallate. Based on the available field 

trial data that indicate triallate residues 

of concern as high as 0.42 ppm, the 

Agency determined that a tolerance 

should be established in/on wheat 

forage at 0.5 ppm. This action was 

inadvertently omitted in the Federal 

Register proposal published September 

27, 2006. In the Federal Register 

published August 8, 2007, the Agency 

proposed the tolerance for wheat, forage 

at 0.5 ppm. In the Federal Register 

published January 29, 2008 (73 FR 

5104)(FRL–8348–8), the Agency 

finalized wheat, forage at 0.05 ppm 

rather than 0.5 ppm incorrectly. 

Therefore, EPA is establishing and 

correcting the tolerance in 40 CFR 

180.314(c) for the combined triallate 

residues of concern in/on wheat, forage 

at 0.5 ppm. 

Sethoxydim. In the Federal Register 

published February 6, 2008 (73 FR 

6867)(FRL–8345–2), the EPA proposed 

revising commodity terminology in 40 

CFR 180.412(a) for sethoxydim residues 

of concern in/on corn, fodder to corn, 

field, fodder at 2.5 ppm; corn, forage to 

corn, field, stover at 2.0 ppm in error. 

The corrected revision should read in 40 

CFR 180.412(a) for sethoxydim residues 

of concern in/on corn, fodder to corn, 

field, stover at 2.5 ppm and corn, forage 

to corn, field, forage at 2.0 ppm. 

Metolachlor. In the Federal Register 

published August 8, 2007, the Agency 

recommended the terminology in 40 

CFR 180.368(a)(2) be revised from 

vegetable, fruiting, group 8, except 

tabasco pepper at 0.1 ppm to vegetable 

fruiting, group 8, except nonbell pepper 

at 0.1 ppm and in 40 CFR 180.368(c)(2) 

be revised from pepper, tabasco at 0.5 

ppm to pepper, nonbell at 0.5 ppm. The 

residue data for the variety, tabasco 

pepper, require a tolerance of 0.5 ppm 

and the other nonbell peppers residue 

levels are lower such that a tolerance of 

0.1 ppm is more appropriate. Therefore, 

the Agency has determined to retain the 

current terminology in 40 CFR 

180.368(a)(2) (as proposed) and (c)(2) for 

vegetable, fruiting, except tabasco 

pepper, group 8 and pepper, tabasco, 

respectively. 

Bensulide. The chemical name for the 

bensulide oxygen analog that currently 

contains a typographical error in 40 CFR 

180.241 is being corrected to S-(O,Odiisopropyl phosphorothioate) ester of 

N-(2-mercaptoethyl) 

benzenesulfonamide. 

B. What is the Agency’s Authority for 

Taking this Action? 

EPA may issue a regulation 

establishing, modifying, or revoking a 

tolerance under FFDCA section 408(e). 

In this final rule, EPA is establishing, 

modifying, and revoking tolerances to 

implement the tolerance 

recommendations made during the 

reregistration and tolerance 

reassessment processes, and as followup on canceled uses of pesticides. As 

part of these processes, EPA is required 

to determine whether each of the 

amended tolerances meets the safety 

standards under FFDCA. The safety 

finding determination is found 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 for 

2,4-D, bensulide, DCPA, desmedipham, 

dimethoate, fenamiphos, phorate, 

sethoxydim, terbufos, tetrachlorvinphos, 

and triallate, and TREDs for chlorpyrifos 

and metolachlor, 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 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 statements 

regarding additional data on the active 

ingredients that may be needed to 

confirm the potential human health and 

environmental risk assessments 

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53736 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

associated with current product uses, 

and 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 made final in this document do not 

need such assessment when the 

tolerances are no longer necessary. 

EPA’s general practice is to revoke 

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. 

When EPA establishes tolerances for 

pesticide residues in or on raw 

agricultural commodities, the Agency 

gives consideration to possible pesticide 

residues 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). If there is no reasonable 

expectation of finite pesticide residues 

in or on meat, milk, poultry, or eggs, 

then tolerances do not need to be 

established for these commodities (40 

CFR 180.6(b) and 180.6(c)). 

C. When Do These Actions Become 

Effective? 

These actions become effective on the 

date of publication of this final rule in 

the Federal Register with the exception 

of certain fenamiphos and 

tetrachlorvinphos tolerances. The 

tolerances revoked in the rule (with 

exception) are associated with uses that 

have been canceled for several years. 

The Agency believes that treated 

commodities have had sufficient time 

for passage through the channels of 

trade. EPA is revoking fenamiphos 

tolerances for 17 commodities as of 

December 31, 2009, and 

tetrachlorvinphos tolerances within 18 

months from the date of final tolerance 

publication for cattle, hog, and poultry 

commodities. The Agency believes that 

these expiration/revocation dates allow 

users to exhaust any existing stocks and 

allows sufficient time for the passage of 

treated commodities through the 

channels of trade. 

Any commodities listed in the 

regulatory text of this document that are 

treated with the pesticides subject to 

this final rule, and that are in the 

channels of trade following the 

tolerance revocations, shall be subject to 

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

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA. 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

III. Are There Any International Trade 

Issues Raised by this Final Action? 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international Maximum Residue Limits 

(MRLs) established by the Codex 

Alimentarius Commission, as required 

by section 408(b)(4) of FFDCA. The 

Codex Alimentarius is a joint United 

Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level 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 the 

proposed rule cited in Unit II.A. 

Specific tolerance actions in this rule 

and how they compare to Codex MRLs 

(if any) is discussed in Unit II.A. 

IV. Statutory and Executive Order 

Reviews 

In this final rule, EPA establishes 

tolerances under FFDCA section 408(e), 

and also modifies and revokes specific 

tolerances established under FFDCA 

section 408. The Office of Management 

and Budget (OMB) has exempted these 

types of actions (i.e., 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 final rule 

has been exempted from review under 

Executive Order 12866 due to its lack of 

significance, this final rule is not subject 

to Executive Order 13211, entitled 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This final 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 104–13, 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 

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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53737 

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 rule, the Agency hereby 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Furthermore, for the pesticides named 

in this final rule, the Agency knows of 

no extraordinary circumstances that 

exist as to the present revocations that 

would change EPA’s previous analysis. 

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 final 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 final 

rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). Executive Order 13175, 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ ‘‘Policies that 

have tribal implications’’ is defined in 

the Executive order to include 

regulations that have ‘‘substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

final 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 final rule. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 8, 2008. 

Marty Monell, 

Acting Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

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: 

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

(a) * * * 

Commodity Parts per million 

* * * * * 

Grape .............................. 0.05 

* * * * * 

Fruit, pome, group 11 ..... 0.05 

Fruit, stone, group 12 ..... 0.05 

Commodity Parts per million 

* * * * * 

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. 

§ 180.185 DCPA; tolerances for residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Vegetable, brassica, 

leafy, group 5 .............. 0.05 

* * * * * 

* * * * * 

■ 4. Section 180.204 is amended by 

revising the section heading, the table in 

paragraph (a), and paragraph (c) to read 

as follows: 

§ 180.204 Dimethoate; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

Alfalfa, forage ................. 2.0 

Alfalfa, hay ...................... 2.0 

Bean, dry, seed .............. 2.0 

Bean, lima ....................... 2.0 

Bean, snap, succulent .... 2.0 

Blueberry1 ....................... 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 ............................ 2.0 

Pea ................................. 2.0 

Pear ................................ 2.0 

Pecan .............................. 0.1 

Pepper ............................ 2.0 

Potato ............................. 0.2 

Poultry, meat byproducts 0.02 

Safflower, seed ............... 0.1 

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Commodity Parts per million 

Sheep, meat byproducts 0.02 

Sorghum, grain, forage ... 0.1 

Sorghum, grain, grain ..... 0.1 

Sorghum, grain, stover ... 0.1 

Soybean, forage ............. 2.0 

Soybean, hay .................. 2.0 

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

Swiss chard .................... 2.0 

Tangerine ........................ 2.0 

Tomato ............................ 2.0 

Turnip, roots ................... 0.2 

Turnip, tops ..................... 2.0 

Wheat, forage ................. 2.0 

Wheat, grain ................... 0.04 

Wheat, hay ..................... 2.0 

Wheat, straw ................... 2.0 

1 There 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: 

Commodity Parts per 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: 

§ 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: 

Commodity Parts per million 

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

Bean, succulent .............. 0.05 

Beet, sugar, roots ........... 0.3 

Beet, sugar, tops ............ 3.0 

Coffee, green bean1 ....... 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 section heading and 

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

§ 180.241 Bensulide; tolerances for 

residues. 

(a) General. Tolerances are 

established for the residues of S-(O,Odiisopropyl phosphorodithioate) of N- 

(2-mercaptoethyl) benzenesulfonamide 

including its oxygen analog S-(O,Odiisopropyl phosphorothioate) of N-(2- 

mercaptoethyl) benzenesulfonamide in 

or on the following food commodities: 

Commodity Parts per 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-diisopropyl 

phosphorothioate) of N-(2- 

mercaptoethyl) benzenesulfonamide in 

or on the following food commodities: 

Commodity Parts per million 

Carrot, roots .................... 0.10 

* * * * * 

■ 7. Section 180.252 is amended by 

revising paragraph (a) to read as follows: 

§ 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: 

Commodity Parts per million Expiration/Revocation Date 

Cattle, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ..................... 0.2 3/17/10 

Cattle, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ............. 1.0 3/17/10 

Cattle, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ................. 0.5 3/17/10 

Cattle, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) ................. 2.0 3/17/10 

Cattle, meat by products, except kidney and liver ........................................................ 1.0 3/17/10 

Egg (of which no more than 0.05 ppm is tetrachlorvinphos per se) ............................. 0.2 3/17/10 

Hog, fat (of which no more than 0.1 ppm is tetrachlorvinphos per se) ........................ 0.2 3/17/10 

Hog, kidney (of which no more than 0.05 ppm is tetrachlorvinphos per se) ................ 1.0 3/17/10 

Hog, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) .................... 0.5 3/17/10 

Hog, meat (of which no more than 2.0 ppm is tetrachlorvinphos per se) .................... 2.0 3/17/10 

Hog, meat byproducts, except kidney and liver ............................................................ 1.0 3/17/10 

Milk, fat (reflecting negligible residues in whole milk and of which no more than 0.05 

ppm is tetrachlorvinphos per se) ............................................................................... 0.05 3/17/10 

Poultry, fat (of which no more than 7.0 ppm is tetrachlorvinphos per se) .................... 7.0 3/17/10 

Poultry, liver (of which no more than 0.05 ppm is tetrachlorvinphos per se) ............... 2.0 3/17/10 

Poultry, meat (of which no more than 3.0 ppm is tetrachlorvinphos per se) ................ 3.0 3/17/10 

Poultry, meat byproducts, except liver .......................................................................... 2.0 3/17/10 

* * * * * 

■ 8. Section 180.314 is amended by 

revising the entry for ‘‘Wheat, forage’’ in 

the table in paragraph (c) to read as 

follows: 

§ 180.314 Triallate; tolerance for residues. 

* * * * * 

(c) * * * 

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Commodity Parts per million 

* * * * * 

Wheat, forage ................. 0.5 

* * * * * 

* * * * * 

■ 9. Section 180.342 is amended by 

revising paragraph (a)(1); removing 

existing paragraph (a)(2); redesignating 

paragraph (a)(3) as paragraph (a)(2); 

redesignating paragraph (a)(4) as 

paragraph (a)(3); and by revising 

paragraph (c) to read as follows: 

§ 180.342 Chlorpyrifos; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for residues of the pesticide 

chlorpyrifos per se (O,O-diethyl- O- 

(3,5,6-trichloro-2-pyridyl) 

phosphorothioate) in or on the 

following food commodities: 

Commodity Parts per million 

Alfalfa, forage ................. 3.0 

Alfalfa, hay ...................... 13 

Almond ............................ 0.2 

Almond, hulls .................. 12 

Apple ............................... 0.01 

Apple, wet pomace ......... 0.02 

Banana ........................... 0.1 

Beet, sugar, dried pulp ... 5.0 

Beet, sugar, molasses .... 15 

Beet, sugar, roots ........... 1.0 

Beet, sugar, tops ............ 8.0 

Cattle, fat ........................ 0.3 

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

Cattle, meat byproducts 0.05 

Cherry, sweet ................. 1.0 

Cherry, tart ...................... 1.0 

Citrus, dried pulp ............ 5.0 

Citrus, oil ......................... 20 

Corn, field, forage ........... 8.0 

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

Corn, field, refined oil ..... 0.25 

Corn, field, stover ........... 8.0 

Corn, sweet, forage ........ 8.0 

Corn, sweet, kernel plus 

cob with husk removed 0.05 

Commodity Parts per million 

Corn, sweet, stover ........ 8.0 

Cotton, undelinted seed 0.2 

Cranberry ........................ 1.0 

Cucumber ....................... 0.05 

Egg ................................. 0.01 

Fig ................................... 0.01 

Fruit, citrus, group 10 ..... 1.0 

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

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

Goat, meat byproducts ... 0.05 

Hazelnut .......................... 0.2 

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

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

Hog, meat byproducts .... 0.05 

Horse, fat ........................ 0.25 

Horse, meat .................... 0.25 

Horse, meat byproducts 0.25 

Kiwifruit ........................... 2.0 

Lettuce ............................ 1.0 

Milk, fat (Reflecting 0.01 

ppm in whole milk) ...... 0.25 

Nectarine ........................ 0.05 

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

Peach .............................. 0.05 

Peanut ............................ 0.2 

Peanut, refined oil .......... 0.2 

Pear ................................ 0.05 

Pecan .............................. 0.2 

Pepper ............................ 1.0 

Peppermint, tops ............ 0.8 

Peppermint, oil ................ 8.0 

Plum, prune, fresh .......... 0.05 

Poultry, fat ...................... 0.1 

Poultry, meat .................. 0.1 

Poultry, meat byproducts 0.1 

Pumpkin .......................... 0.05 

Radish ............................. 2.0 

Rutabaga ........................ 0.5 

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

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

Sheep, meat byproducts 0.05 

Spearmint, tops .............. 0.8 

Spearmint, oil .................. 8.0 

Sorghum, grain, forage ... 0.5 

Sorghum, grain, grain ..... 0.5 

Sorghum, grain, stover ... 2.0 

Soybean, seed ................ 0.3 

Strawberry ...................... 0.2 

Sunflower, seed .............. 0.1 

Sweet potato, roots ........ 0.05 

Commodity Parts per million 

Turnip, roots ................... 1.0 

Turnip, tops ..................... 0.3 

Vegetable, brassica, 

leafy, group 5 .............. 1.0 

Vegetable, legume, 

group 6. except soybean ............................ 0.05 

Walnut ............................. 0.2 

Wheat, forage ................. 3.0 

Wheat, grain ................... 0.5 

Wheat, straw ................... 6.0 

* * * * * 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registration, as defined in 180.1(m), are 

established for residues of the pesticide 

chlorpyrifos per se (O,O-diethyl- O- 

(3,5,6-trichloro-2-pyridyl) 

phosphorothioate) in or on the 

following food commodities: 

Commodity Parts per million 

Asparagus ....................... 5.0 

Grape .............................. 0.01 

* * * * * 

■ 10. Section 180.349 is amended by 

revising paragraph (a) and the table in 

paragraph (c) to read as follows: 

§ 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: 

Commodity Parts per million Expiration/Revocation Date 

Apple .............................................................................................................................. 0.25 12/31/09 

Banana1 ......................................................................................................................... 0.10 None 

Brussels sprouts ............................................................................................................ 0.05 12/31/09 

Cabbage ........................................................................................................................ 0.10 12/31/09 

Cherry, sweet ................................................................................................................. 0.25 12/31/09 

Cherry, tart ..................................................................................................................... 0.25 12/31/09 

Citrus, dried pulp ........................................................................................................... 2.5 None 

Citrus, oil ........................................................................................................................ 25.0 None 

Eggplant ......................................................................................................................... 0.05 12/31/09 

Fruit, citrus, group 101 ................................................................................................... 0.50 None 

Garlic1 ............................................................................................................................ 0.50 None 

Grape1 ........................................................................................................................... 0.10 None 

Grape, raisin .................................................................................................................. 0.30 None 

Okra ............................................................................................................................... 0.30 12/31/09 

Peach ............................................................................................................................. 0.25 12/31/09 

Peanut ............................................................................................................................ 1.0 12/31/09 

Pineapple1 ..................................................................................................................... 0.30 None 

Raspberry ...................................................................................................................... 0.10 12/31/09 

Strawberry ...................................................................................................................... 0.60 12/31/09 

1 There are no U.S. registrations as of December 31, 2009. 

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53740 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

* * * * * 

(c) * * * 

Commodity Parts per million Expiration/Revocation Date 

Asparagus ...................................................................................................................... 0.02 12/31/09 

Beet, garden roots ......................................................................................................... 1.5 12/31/09 

Beet, garden, tops ......................................................................................................... 1.0 12/31/09 

Cabbage, Chinese, bok choy ........................................................................................ 0.50 12/31/09

Kiwifruit .......................................................................................................................... 0.10 12/31/09 

Pepper, nonbell .............................................................................................................. 0.60 12/31/09 

* * * * * 

■ 11. Section 180.352 is revised to read 

as follows: 

§ 180.352 Terbufos; tolerances for 

residues. 

(a) General. Tolerances are 

established for the combined residues of 

the insecticide terbufos 

(phosphorodithioic acid, S-(tbutylthio)methyl O,O-diethyl ester) and 

its phosphorylated (cholinesteraseinhibiting) metabolites (phosphorothioic 

acid, S-(t-butylthio)methyl O,O-diethyl 

ester; phosphorothioic acid, S-(tbutylsulfinyl)methyl O,O-diethyl ester; 

phosphorothioic acid, S-(tbutylsulfonyl)methyl O,O-diethyl ester; 

phosphorodithioic acid, S-(tbutylsulfinyl)methyl O,O-diethyl ester; 

and phosphorodithioic acid, S-(tbutylsulfonyl)methyl O,O-diethyl ester) 

in or on food commodities: 

Commodity Parts per million 

Banana ........................... 0.025 

Beet, sugar, roots ........... 0.05 

Beet, sugar, tops ............ 0.1 

Coffee, green bean1 ....... 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] 

■ 12. Section 180.353 is amended by 

revising the entries for ‘‘Beet, sugar, 

roots’’ and ‘‘Beet, sugar, tops’’ in the 

table in paragraph (a), and removing and 

reserving paragraph (b) including the 

paragraph heading to read as follows: 

§ 180.353 Desmedipham; tolerances for 

residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Beet, sugar, roots ........... 0.1 

Beet, sugar, tops ............ 5.0 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved] 

* * * * * 

13. Section 180.368 is revised to read 

as follows: 

§ 180.368 Metolachlor; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for the combined residues 

(free and bound) of the herbicide 

metolachlor, 2-chloro-N-(2- ethyl-6- 

methylphenyl)-N-(2-methoxy-1- 

methylethyl)acetamide, and its 

metabolites, determined as the 

derivatives, 2- [(2-ethyl-6- 

methylphenyl)amino]-1-propanol and 4- 

(2-ethyl-6-methylphenyl)-2- hydroxy-5- 

methyl-3-morpholinone, each expressed 

as the parent compound in the 

following raw agricultural commodities: 

Commodity Parts per million 

Almond, hulls .................. 0.30 

Animal feed, nongrass, 

group 18 ...................... 1.0 

Cattle, fat ........................ 0.04 

Cattle, kidney .................. 0.20 

Cattle, liver ...................... 0.10 

Cattle, meat .................... 0.04 

Cattle, meat byproducts, 

except kidney and liver 0.04 

Corn, field, forage ........... 6.0 

Corn, field, grain ............. 0.10 

Corn, field, stover ........... 6.0 

Corn, sweet, forage ........ 6.0 

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.10 

Corn, sweet, stover ........ 6.0 

Cotton, gin byproducts ... 4.0 

Cotton, undelinted seed 0.10 

Dill ................................... 0.50 

Egg ................................. 0.04 

Goat, fat .......................... 0.04 

Goat, kidney ................... 0.20 

Goat, liver ....................... 0.10 

Goat, meat ...................... 0.04 

Commodity Parts per million 

Goat, meat byproducts, 

except kidney and liver 0.04 

Grass, forage .................. 10 

Grass, hay ...................... 0.20 

Horse, fat ........................ 0.04 

Horse, kidney .................. 0.20 

Horse, liver ..................... 0.10 

Horse, meat .................... 0.04 

Horse, meat byproducts, 

except kidney and liver 0.04 

Milk ................................. 0.02 

Nut, tree, group 14 ......... 0.10 

Okra ................................ 0.50 

Pea and bean, dried 

shelled, except soybean, subgroup 6C ..... 0.10 

Pea and bean, succulent 

shelled, subgroup 6B .. 0.30 

Peanut ............................ 0.20 

Peanut, hay .................... 20 

Peanut, meal .................. 0.40 

Potato ............................. 0.20 

Poultry, fat ...................... 0.04 

Poultry, meat .................. 0.04 

Poultry, meat byproducts 0.04 

Safflower, seed ............... 0.10 

Sheep, fat ....................... 0.04 

Sheep, kidney ................. 0.20 

Sheep, liver ..................... 0.10 

Sheep, meat ................... 0.04 

Sheep, meat byproducts, 

except kidney and liver 0.04 

Sorghum, grain, forage ... 1.0 

Sorghum, grain, grain ..... 0.30 

Sorghum, grain, stover ... 4.0 

Soybean, forage ............. 5.0 

Soybean, hay .................. 8.0 

Soybean, seed ................ 0.20 

Spinach ........................... 0.50 

Tomato ............................ 0.10 

Vegetable, foliage of legume, subgroup 7A, except soybean ............... 15.0 

Vegetable, legume, edible podded, subgroup 

6A ................................ 0.50 

(2) Tolerances are established for the 

combined residues (free and bound) of 

the herbicide S-metolachlor S-2-chloroN-(2-ethyl-6-methylphenyl)-N-(2- 

methoxy-1-methylethyl)acetamide, its 

R-enantiomer, and its metabolites, 

determined as the derivatives, 2-[2- 

ethyl-6-methylphenyl)amino]-1- 

propanol and 4-(2-ethyl-6- 

methylphenyl)-2-hydroxy-5-methyl-3- 

morpholinone, each expressed as the 

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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53741 

parent compound, in or on the 

following raw agricultural commodities: 

Commodity Parts per million 

Asparagus ....................... 0.10 

Beet, sugar, molasses .... 2.0 

Beet, sugar, roots ........... 0.5 

Beet, sugar, tops ............ 15.0 

Brassica, head and stem, 

subgroup 5A ................ 0.60 

Cattle, fat ........................ 0.04 

Cattle, kidney .................. 0.20 

Cattle, liver ...................... 0.05 

Cattle, meat .................... 0.02 

Cattle, meat byproducts, 

except kidney and liver 0.04 

Corn, field, grain ............. 0.10 

Corn, field, forage ........... 6.0 

Corn, field, stover ........... 6.0 

Corn, pop, grain .............. 0.10 

Corn, pop, stover ............ 6.0 

Corn, sweet, forage ........ 6.0 

Corn, sweet, kernel plus 

cob with husks removed ......................... 0.10 

Corn, sweet, stover ........ 6.0 

Cotton, gin byproducts ... 4.0 

Cotton, undelinted seed 0.10 

Egg ................................. 0.02 

Garlic, bulb ..................... 0.10 

Goat, fat .......................... 0.04 

Goat, kidney ................... 0.20 

Goat, liver ....................... 0.05 

Goat, meat ...................... 0.02 

Goat, meat byproducts, 

except kidney and liver 0.04 

Grass, forage .................. 10.0 

Grass, hay ...................... 0.20 

Horse, fat ........................ 0.04 

Horse, kidney .................. 0.20 

Horse, liver ..................... 0.05 

Horse, meat .................... 0.02 

Horse, meat byproducts, 

except kidney and liver 0.04 

Milk ................................. 0.02 

Onion, bulb ..................... 0.10 

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

Peanut ............................ 0.20 

Pea and bean, dried 

shelled, except soybean, subgroup 6C ..... 0.10 

Peanut, hay .................... 20.0 

Peanut, meal .................. 0.40 

Poultry, fat ...................... 0.04 

Poultry, meat .................. 0.02 

Poultry, meat byproducts 0.04 

Pumpkin .......................... 0.10 

Safflower, seed ............... 0.10 

Shallot, bulb .................... 0.10 

Sheep, fat ....................... 0.04 

Sheep, kidney ................. 0.20 

Sheep, liver ..................... 0.05 

Sheep, meat ................... 0.02 

Sheep, meat byproducts, 

except kidney and liver 0.04 

Sorghum, grain, forage ... 1.0 

Sorghum, grain, grain ..... 0.3 

Sorghum, grain, stover ... 4.0 

Soybean, forage ............. 5.0 

Soybean, hay .................. 8.0 

Soybean, seed ................ 0.20 

Spinach ........................... 0.50 

Squash, winter ................ 0.10 

Sunflower, seed .............. 0.50 

Sunflower, meal .............. 1.0 

Commodity Parts per million 

Tomato, paste ................. 0.30 

Vegetable, foliage of legume, except soybean, 

subgroup 7A ................ 15.0 

Vegetable, fruiting, except tabasco pepper, 

group 8 ........................ 0.10 

Vegetable, leaf petioles, 

subgroup 4B ................ 0.10 

Vegetable, legume, edible podded, subgroup 

6A ................................ 0.50 

Vegetable, root, except 

sugar beet, subgroup 

1B ................................ 0.30 

Vegetable, tuberous and 

corm, subgroup 1C ..... 0.20 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. (1) Tolerances with 

regional registration as defined in 

180.1(m) are established for the 

combined residues (free and bound) of 

the herbicide metolachlor [2-chloro-N- 

(2-ethyl-6-methylphenyl)-N-(2-methoxy1-methylethyl)acetamide] and its 

metabolites, determined as the 

derivatives, 2-[2-ethyl-6- 

methylphenyl)amino]-1-propanol and 4- 

(2-ethyl-6-methylphenyl)-2-hydroxy-5- 

methyl-3-morpholinone, each expressed 

as the parent compound, in or on the 

following raw agricultural commodities: 

Commodity Parts per million 

Pepper, nonbell .............. 0.50 

(2) Tolerances with regional 

registration as defined in 180.1(m) are 

established for the combined residues 

(free and bound) of the herbicide Smetolachlor, S-2-chloro-N-(2-ethyl-6- 

methylphenyl)-N-(2- methoxy-1- 

methylethyl)acetamide, its Renantiomer, and its metabolites, 

determined as the derivatives, 2-[(2- 

ethyl-6-methylphenyl)amino]-1- 

propanol and 4-(2-ethyl-6- 

methylphenyl)-2-hydroxy-5-methyl-3- 

morpholinone, each expressed as the 

parent compound, in or on the 

following raw agricultural commodities: 

Commodity Parts per million 

Pepper, tabasco ............. 0.50 

(d) Indirect or inadvertent residues. 

(1) Tolerances are established for the 

indirect or inadvertent combined 

residues (free and bound) of the 

herbicide metolachlor, 2-chloro-N-(2- 

ethyl-6- methylphenyl)-N-(2-methoxy-1- 

methylethyl)acetamide, and its 

metabolites, determined as the 

derivatives, 2-[(2-ethyl-6- 

methylphenyl)amino]-1-propanol and 4- 

(2-ethyl-6-methylphenyl)-2- hydroxy-5- 

methyl-3-morpholinone, each expressed 

as the parent compound in the 

following raw agricultural commodities: 

Commodity Parts per million 

Animal feed, nongrass, 

group 18 ...................... 1.0 

Barley, grain ................... 0.10 

Barley, straw ................... 0.50 

Buckwheat, grain ............ 0.10 

Millet, forage ................... 0.50 

Millet, grain ..................... 0.10 

Millet, straw ..................... 0.50 

Oat, forage ...................... 0.50 

Oat, grain ........................ 0.10 

Oat, straw ....................... 0.50 

Rice, grain ...................... 0.10 

Rice, straw ...................... 0.50 

Rye, forage ..................... 0.50 

Rye, grain ....................... 0.10 

Rye, straw ....................... 0.50 

Wheat, forage ................. 0.50 

Wheat, grain ................... 0.10 

Wheat, straw ................... 0.50 

(2) Tolerances are established for the 

indirect or inadvertent combined 

residues (free and bound) of the 

herbicide S-metolachlor, S-2- chloro-N- 

(2-ethyl-6-methylphenyl)-N-(2-methoxy1-methylethyl)acetamide, its Renantiomer, and its metabolites 

determined as the derivatives, 2-[(2- 

ethyl-6-methylphenyl)amino]-1- 

propanol and 4-(2-ethyl-6- 

methylphenyl)-2-hydroxy-5-methyl-3- 

morpholinone, each expressed as the 

parent compound in or on the following 

food commodities: 

Commodity Parts per million 

Animal feed, nongrass, 

group 18 ...................... 1.0 

Barley, grain ................... 0.10 

Barley, hay ...................... 1.0 

Barley, straw ................... 0.50 

Buckwheat, grain ............ 0.10 

Oat, forage ...................... 0.50 

Oat, grain ........................ 0.10 

Oat, hay .......................... 1.0 

Oat, straw ....................... 0.50 

Rice, grain ...................... 0.10 

Rice, straw ...................... 0.50 

Rye, forage ..................... 0.50 

Rye, grain ....................... 0.10 

Rye, straw ....................... 0.50 

Wheat, forage ................. 0.50 

Wheat, grain ................... 0.10 

Wheat, hay ..................... 1.0 

Wheat, straw ................... 0.50 

■ 14. Section 180.412 is amended by 

revising in paragraph (c) the reference 

‘‘ § 180.1(n)’’ to read ‘‘§ 180.1(m)’’, and 

in paragraph (a) by revising the table to 

read as follows: 

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53742 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

§ 180.412 Sethoxydim; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 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, forage ........... 2.0 

Corn, field, grain ............. 0.5 

Corn, field, stover ........... 2.5 

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 

Commodity Parts per million 

Potato granules/flakes .... 8.0 

Potato waste, processed 8.0 

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

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

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. E8–21736 Filed 9–16–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R09–UST–2007–1122; FRL–8716–3] 

Underground Storage Tank Program: 

Approved State Program for Hawaii 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The Resource Conservation 

and Recovery Act of 1976, as amended 

(RCRA), authorizes EPA to grant 

approval to States to operate their 

underground storage tank programs in 

lieu of the Federal program. This action 

codifies EPA’s decision to approve State 

programs and incorporates by reference 

those provisions of the State statutes 

and regulations that will be subject to 

EPA’s inspection and enforcement 

authorities in accordance with sections 

9005 and 9006 of RCRA Subtitle I and 

other applicable statutory and 

regulatory provisions. This rule codifies 

the prior approval of the State of 

Hawaii’s underground storage tank 

program and incorporates by reference 

appropriate provisions of State statutes 

and regulations. 

DATES: This final rule is effective 

November 17, 2008, unless EPA 

publishes a prior Federal Register 

notice withdrawing this immediate final 

rule. All comments on the codification 

of Hawaii’s underground storage tank 

program must be received by the close 

of business October 17, 2008. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of November 17, 2008, in 

accordance with 5 U.S.C. 552(a). 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

UST–2007–112, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: amaro.laurie@epa.gov. 

• Fax: (415) 947–3530. 

• Mail: Laurie Amaro, U.S. EPA 

Region 9, 75 Hawthorne Street, (Mail 

Code: WST–8), San Francisco, CA 

94105. 

• Hand Delivery: Laurie Amaro, 

Waste Management Division, U.S. EPA 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105. Such deliveries 

are only accepted during EPA’s normal 

hours of operation and should be made 

to the EPA receptionist office on the 

first floor. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–UST–2007– 

112. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statue. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means WPA 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 http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public 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 

mstockstill on PROD1PC66 with RULES