Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 42531 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0128; FRL–9963–03] 

RIN 2070–ZA16 

Aluminum tris (O-ethylphosphonate), 

Carbon disulfide, pChlorophenoxyacetic acid, 

Cyromazine, Dichlobenil, et al.; 

Proposed Tolerance and Tolerance 

Exemption Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revoke 

certain tolerances for aluminum tris 

(O-ethylphosphonate), carbon disulfide, 

cyromazine, dichlobenil, isoxaben, 

oxydemeton-methyl, propachlor, 

sulfentrazone, and thiodicarb, and a 

tolerance exemption for d-limonene. 

Also, EPA is proposing to modify 

certain tolerances for aluminum tris 

(O-ethylphosphonate) and cyromazine, 

and to establish new tolerances for 

aluminum tris (O-ethylphosphonate), 

cyromazine, dichlobenil, isoxaben, and 

sulfentrazone, and new tolerance 

exemptions for d-limonene and 

tartrazine. In addition, EPA is proposing 

to revise the tolerance expressions for 

p-chlorophenoxyacetic acid and 

dichlobenil, remove expired tolerances 

for disulfoton, correct the listing of a 

tolerance for thiacloprid, and correct the 

listing of significant figures for certain 

existing tolerances of specific pesticide 

active ingredients. 

DATES: Comments must be received on 

or before November 7, 2017. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0128, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

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

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

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

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Nevola, Pesticide Re-Evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

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

nevola.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

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

comments.html. 

C. What can I do if I wish the Agency 

to maintain a tolerance that the agency 

proposes to revoke? 

This proposed rule provides a 

comment period of 60 days for any 

person to state an interest in retaining 

a tolerance proposed for revocation. If 

EPA receives a comment within the 60- 

day period to that effect, EPA will not 

proceed to revoke the tolerance 

immediately. However, EPA will take 

steps to ensure the submission of any 

needed supporting data and will issue 

an order in the Federal Register under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA) section 408(f), if needed. 

The order would specify data needed 

and the timeframes for its submission, 

and would require that within 90 days 

some person or persons notify EPA that 

they will submit the data. If the data are 

not submitted as required in the order, 

EPA will take appropriate action under 

FFDCA. 

EPA issues a final rule after 

considering comments that are 

submitted in response to this proposed 

rule. In addition to submitting 

comments in response to this proposal, 

you may also submit an objection at the 

time of the final rule. If you fail to file 

an objection to the final rule within the 

time period specified, you will have 

waived the right to raise any issues 

resolved in the final rule. After the 

specified time, issues resolved in the 

final rule cannot be raised again in any 

subsequent proceedings. 

II. Background 

A. What action is the Agency taking? 

EPA is proposing, in follow-up to 

canceled product registrations or uses, 

to revoke certain tolerances for carbon 

disulfide (degradate of sodium 

tetrathiocarbonate), dichlobenil, 

oxydemeton-methyl, propachlor, and 

thiodicarb; and to revoke a tolerance 

exemption for insecticidal uses of 

d-limonene in 40 CFR part 180 subpart 

C (for tolerances) and concomitantly 

establish two tolerance exemptions to 

cover both the existing insecticidal and 

herbicidal uses of d-limonene in 40 CFR 

part 180 subpart D (for exemptions). 

As part of registration review, EPA 

will harmonize U.S. tolerances with 

international Maximum Residue Limits 

(MRLs) where possible. Therefore, EPA 

is proposing to modify certain 

tolerances for aluminum tris 

(O-ethylphosphonate) and cyromazine 

for harmonization purposes. 

In a series of planned crop group 

updates, EPA has revised crop 

groupings to promote the greater use of 

crop groupings for tolerance-setting 

purposes and, in particular, to assist in 

making available lower risk pesticides 

for minor crops. EPA plans to 

eventually convert tolerances for any 

pre-existing crop group to tolerances 

with coverage under the revised crop 

group. This conversion will occur 

through the registration review process 


sradovich on DSK3GMQ082PROD with PROPOSALS
42532 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 

and in the course of evaluating new uses 

for a pesticide registration. 

Consequently, the Agency is proposing 

to update crop groupings or 

subgroupings for aluminum tris 

(O-ethylphosphonate), cyromazine, 

isoxaben, and sulfentrazone. 

Also, EPA is proposing to modify 

certain tolerances for aluminum tris 

(O-ethylphosphonate) and cyromazine, 

and to establish a cherry tolerance for 

dichlobenil (concomitant with a 

proposed revocation of a stone fruit 

group tolerance that is no longer 

needed), and a new tolerance exemption 

for tartrazine. In addition, EPA is 

proposing to revise the tolerance 

expressions for p-chlorophenoxyacetic 

acid (to remove a metabolite that is not 

considered to be a risk concern and to 

revise it in accordance with current 

Agency practice) and dichlobenil (to 

revise it in accordance with current 

Agency practice), remove expired 

tolerances for disulfoton, correct the 

listing of a tolerance for thiacloprid, and 

correct the listing of significant figures 

for certain existing tolerances of specific 

pesticide active ingredients. 

Detailed explanations for proposed 

modifications or establishments of 

tolerances or tolerance exemptions, or 

tolerance expression changes other than 

minor revisions in accordance with 

current Agency practice, can be found 

in the Human Health Risk Assessment 

for Registration Review and the Interim 

Registration Review Decision for the 

following: aluminum tris 

(O-ethylphosphonate), also known as 

fosetyl-Al, in docket EPA–HQ–OPP– 

2007–0379, p-chlorophenoxyacetic acid 

in docket EPA–HQ–OPP–2014–0544 

and the p-Chlorophenoxyacetic Acid 

Product Chemistry and Residue 

Chemistry Chapter for the Registration 

Eligibility Decision (RED) is available in 

docket EPA–HQ–OPP–2006–0036, 

cyromazine in docket EPA–HQ–OPP– 

2006–0108, isoxaben in docket EPA– 

HQ–OPP–2007–1038, d-limonene in 

docket EPA–HQ–OPP–2010–0673, 

sulfentrazone in docket EPA–HQ–OPP– 

2009–0624, and tartrazine, which is a 

component of aquashade (see aquashade 

in docket EPA–HQ–OPP–2015–0639), 

available through EPA’s electronic 

docket and comment system, 

regulations.gov at http://

www.regulations.gov. 

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 favors raising a tolerance 

when data show that: 

1. Lawful use (sometimes through a 

label change) may result in a higher 

residue level on the commodity; and 

2. The tolerance remains safe, 

notwithstanding increased residue level 

allowed under the tolerance. 

EPA also seeks to harmonize 

tolerances with international standards 

set by the Codex Alimentarius 

Commission, as described in Unit III. 

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 Human 

Health Risk Assessment for Registration 

Review. 

Also, in accordance with current 

Agency practice to describe more clearly 

the measurement of residues for 

tolerances and coverage of metabolites 

and degradates of a pesticide by the 

tolerances, EPA is proposing to make 

minor revisions to the introductory text 

for dichlobenil. The revisions to the 

tolerance expression do not 

substantively change the tolerance or, in 

any way, modify the permissible level of 

residues permitted by the tolerances. 

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. Aluminum tris 

(O-ethylphosphonate). EPA on its own 

initiative, under FFDCA section 408(e), 

21 U.S.C. 346a(e), is proposing to 

establish tolerances in 40 CFR 

180.415(a) for aluminum tris 

(O-ethylphosphonate), also known as 

fosetyl-Al, residues in or on bushberry 

subgroup 13–07B at 40 ppm and fruit, 

pome, group 11–10 at 10 ppm 

concomitant with the revocation of the 

tolerances on bushberry subgroup 13B 

at 40 ppm and fruit, pome, group 11 at 

10 ppm. Also, based on available 

residue data, the Agency determined 

that harmonization with Canadian 

MRLs for tolerances on caneberries, 

citrus fruit, and ginseng is possible. 

Therefore, based on its own initiative, 

the Agency is proposing to establish 

tolerances in 40 CFR 180.415(a) for 

aluminum tris (O-ethylphosphonate) 

residues in or on caneberry subgroup 

13–07A at 0.05 ppm to harmonize with 

Canadian MRLs, and in or on fruit, 

citrus, group 10–10 at 9.0 ppm to 

harmonize with Canadian MRLs, 

concomitant with the revocation of the 

tolerances on caneberry subgroup 13A 

at 0.1 ppm and fruit, citrus, group 10 at 

5.0 ppm. In addition, EPA is proposing 

to decrease the tolerance in 40 CFR 

180.415(a) on ginseng from 0.1 to 0.05 

ppm to harmonize with the Canadian 

MRL. 

Also, in accordance with current 

Agency practice to list significant 

figures for tolerance values, EPA is 

proposing to list existing tolerances in 

180.415(a) for pineapple at 0.10 ppm, 

pea, succulent at 0.30 ppm, onion, bulb 

at 0.50 ppm, tomato at 3.0 ppm, and 

onion, green at 10 ppm. 

2. Carbon disulfide. Carbon disulfide 

is a degradate of sodium 

tetrathiocarbonate. In the Federal 

Register notice of November 10, 2010 

(75 FR 69073) (FRL–8851–5), EPA 

announced its receipt of voluntary 

requests by registrants to cancel certain 

registrations, including the last sodium 

tetrathiocarbonate products registered 

for use on specific food commodities 

(almond, grape, grapefruit, lemon, 

orange, peach, plum, and prune) in the 

United States. In the Federal Register 

notice of February 25, 2011 (76 FR 

10587) (FRL–8863–4), EPA published a 

cancellation order in follow-up to the 

November 10, 2010 notice and granted 

the requested product cancellations for 

sodium tetrathiocarbonate. EPA 

permitted the registrant to sell and 

distribute existing stocks of those 

sodium tetrathiocarbonate products 

until February 25, 2012 and persons 

other than the registrant to sell, 

distribute, and use existing stocks until 

supplies are exhausted. EPA believes 

that existing stocks are exhausted; i.e., 

more than 4 years after the registrant 

was no longer permitted to sell and 

distribute them, and therefore the 

tolerances for them are no longer 

needed and should be revoked. 

Consequently, EPA is proposing to 

revoke the tolerances in 40 CFR 180.467 

for residues of carbon disulfide from the 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 42533 

application of sodium 

tetrathiocarbonate in or on almond; 

almond, hulls; grape; grapefruit; lemon; 

orange, sweet; peach; and plum, prune, 

fresh. 

3. p-Chlorophenoxyacetic acid (p-CPA 

or 4–CPA). In the 1997 RED for 4–CPA 

and the 1994 p-Chlorophenoxyacetic 

Acid Product Chemistry and Residue 

Chemistry Chapter for the RED, the 

Agency recommended approval of a 

registrant petition for the elimination of 

the metabolite p-chlorophenol from the 

tolerance expression, as it was not 

considered a metabolite of risk concern. 

Therefore, EPA is proposing in 40 CFR 

180.202 to revise the introductory text 

(remove the metabolite p-chlorophenol 

from the tolerance expression) and also 

revise it in accordance with current 

Agency practice to describe more clearly 

the measurement and scope or coverage 

of tolerances to read as set out in the 

proposed regulatory text at the end of 

this document. 

4. Cyromazine. The U.S. regulates 

residues of cyromazine on cyromazine 

only, which is not in harmony with the 

tolerance expression in Canada, which 

includes melamine, a metabolite of 

cyromazine. In the Federal Register of 

May 4, 2000 (65 FR 25857) (FRL–6556– 

3), EPA removed melamine from the 

U.S. tolerance expression for 

cyromazine since the Agency no longer 

considered melamine to be a residue of 

concern. EPA does not have any 

toxicological concerns for melamine 

that could result from the use of the 

pesticide cyromazine. In addition, the 

acute and chronic dietary risk 

assessments, and aggregate risk 

assessment for the registration review of 

cyromazine do not exceed the Agency’s 

level of concern. The Agency 

determined that specific cyromazine 

tolerances increased for international 

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

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue. Therefore, 

EPA has determined that it is 

appropriate to numerically harmonize 

certain U.S. tolerances with 

international MRLs that are higher. On 

its own initiative, under FFDCA section 

408(e), 21 U.S.C. 346a(e), in order to 

harmonize with the level of Canadian 

MRLs for cyromazine, EPA is proposing 

to increase tolerances in 40 CFR 

180.414(a)(1) for cyromazine residues in 

or on mushroom from 1.0 to 8.0 ppm, 

pepper from 1.0 to 3.0 ppm, tomato 

from 0.5 to 1.0 ppm, vegetable, brassica, 

leafy, group 5, except broccoli from 10.0 

to 35 ppm, vegetable, leafy, except 

brassica, group 4 from 7.0 to 10 ppm, 

and milk from 0.05 to 0.10 ppm; and 

revoke the tolerance on onion, bulb at 

0.2 ppm and concomitantly establish a 

tolerance on onion, bulb, subgroup 

3–07A at 0.30 ppm. 

Also, EPA on its own initiative, under 

FFDCA section 408(e), 21 U.S.C. 

346a(e), in order to harmonize with 

certain higher Codex MRLs (defined as 

cyromazine residues), believes the 

tolerances in 40 CFR 180.414(a)(1) for 

cyromazine residues in or on ‘‘kidney’’ 

of cattle, goats, hogs, horses, and sheep 

should be increased from 0.2 to 0.30 

ppm; and ‘‘meat byproducts, except 

kidney’’ of cattle, goats, hogs, horses, 

and sheep should be increased from 

0.05 to 0.30 ppm. Because tolerances for 

‘‘kidney’’ and ‘‘meat byproducts, except 

kidney’’ for cattle, goats, hogs, horses, 

and sheep would be revised to the same 

tolerance levels at 0.30 ppm, EPA is 

proposing to revoke the existing 

tolerances in 40 CFR 180.414(a)(1) for 

cyromazine residues in or on cattle, 

kidney; goat, kidney; hog, kidney; horse, 

kidney; sheep, kidney; cattle, meat 

byproducts, except kidney; goat, meat 

byproducts, except kidney; hog, meat 

byproducts, except kidney; horse, meat 

byproducts, except kidney; and sheep, 

meat byproducts, except kidney and to 

concomitantly establish tolerances at 

0.30 ppm for cattle, meat byproducts; 

goat, meat byproducts; hog, meat 

byproducts; horse, meat byproducts; 

and sheep, meat byproducts. 

In addition, EPA on its own initiative, 

under FFDCA section 408(e), 21 U.S.C. 

346a(e), in order to harmonize with 

Codex MRLs, is proposing to increase 

tolerances in 40 CFR 180.414(a)(1) for 

cyromazine residues in or on egg from 

0.25 to 0.30 ppm; cattle, meat; goat, 

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

meat from 0.05 to 0.30 ppm; mango 

from 0.3 to 0.50 ppm; poultry, meat 

(from chicken layer hens and chicken 

breeder hens only) from 0.05 to 0.10 

ppm; poultry, meat byproducts (from 

chicken layer hens and chicken breeder 

hens only) from 0.05 to 0.20 ppm; and 

vegetable, cucurbit, group 9 from 1.0 to 

2.0 ppm. 

Also, registrations exist for use of 

cyromazine for fly control in mushroom 

compost and as a feed-through fly 

control agent for chicken manure, and 

such cyromazine-treated manure from 

chickens may be used as a soil fertilizer 

supplement. A greenhouse rotational 

crop study showed a maximum 

cyromazine residue level of 0.08 ppm in 

spring wheat straw from an application 

rate of 0.05 lb active ingredient (ai) per 

acre (A). Data from a magnitude of 

residue study in poultry excreta 

topically treated with cyromazine 

showed residues of 40 ppm in manure 

at day 24. At 40 ppm (40 mg ai/kg 

manure or 18.2 mg ai/pound (lb) 

manure), the maximum label 

application rate of 4 tons treated manure 

per acre (8000 lb manure/A) is 

calculated to result in residues of 

cyromazine of 0.15 kg ai/A or 0.33 lb ai/ 

A, which is 7X (0.33 lb 

ai/A vs. 0.05 lb ai/A) the rate used in the 

greenhouse study. Therefore, to support 

current registrations, the Agency 

determined that at the maximum 

application rate, indirect or inadvertent 

residue tolerances at 0.60 ppm (7 × 0.08 

ppm) were needed for crops that do not 

have current tolerances established 

based on direct application of 

cyromazine. Consequently, EPA is 

proposing to re-designate 40 CFR 

180.414(d) into § 180.414(d)(1), 

establish § 180.414(d)(2), and in newly 

designated 40 CFR 180.414(d)(2) to add 

introductory text and establish 

tolerances for indirect and inadvertent 

residues of cyromazine resulting from 

crops grown in soil amended with 

cyromazine treated fertilizer at 0.60 

ppm for the following: grain, cereal, 

forage, fodder and straw, group 16; 

grain, cereal, group 15; herbs and spices, 

group 19; oilseed, group 20; onion, bulb, 

subgroup 3–07A; strawberry; vegetable, 

foliage of legume, group 7; vegetable, 

fruiting, group 8–10; vegetable, leaves of 

root and tuber, group 2; vegetable, 

legume, group 6; and vegetable, root and 

tuber, group 1. 

Also, in accordance with current 

Agency practice to list significant 

figures for tolerance values, EPA is 

proposing to list existing tolerances in 

40 CFR 180.414(a)(1) for garlic; garlic, 

great-headed, bulb; rakkyo, bulb; and 

shallot, bulb at 0.20 ppm, potato at 0.80 

ppm, and cabbage, abyssinian; cabbage, 

seakale; hanover salad, leaves; and 

turnip, greens at 10 ppm, and tolerances 

in newly designated 40 CFR 

180.414(d)(1) for cotton, undelinted 

seed at 0.10 ppm, and corn, sweet, 

kernel plus cob with husks removed; 

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

radish, roots; and radish, tops at 0.50 

ppm. 

5. Dichlobenil. Cherry is the only 

registered stone fruit for dichlobenil 

since 1995, and therefore, with the 

exception of a need for a tolerance to 

cover cherry, the crop group tolerance 

for stone fruit is no longer needed and 

should be revoked. Consequently, in 40 

CFR 180.231 for dichlobenil residues of 

concern, EPA is proposing to revoke the 

tolerance on fruit, stone, group 12 at 

0.15 ppm and to concomitantly 

establish a tolerance on cherry at 0.15 

ppm. 

In accordance with current Agency 

practice to describe more clearly the 

measurement and scope or coverage of 

tolerances, EPA is proposing to revise 


sradovich on DSK3GMQ082PROD with PROPOSALS
42534 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 

the introductory text in 40 CFR 

180.231(a) to read as set out in the 

proposed regulatory text at the end of 

this document. Also, in accordance with 

current Agency practice to list 

significant figures for tolerance values, 

EPA is proposing to list existing 

tolerances in § 180.231(a) for cranberry 

and hazelnut at 0.10 ppm, and apple 

and pear at 0.50 ppm. 

6. Disulfoton. Because the tolerances 

in 40 CFR 180.183 for disulfoton 

residues of concern all expired from 

December 31, 2013 to December 31, 

2014, EPA is proposing to remove that 

section in its entirety. 

7. Isoxaben. EPA on its own initiative, 

under FFDCA section 408(e), 21. U.S.C. 

346a(e), is proposing to establish a 

tolerance in 40 CFR 180.650(a) for 

isoxaben residues in or on nut, tree, 

group 14–12 at 0.02 ppm. The Agency 

is also proposing to revoke the existing 

tolerances in 40 CFR 180.650(a) for nut, 

tree, group 14 at 0.02 ppm and pistachio 

at 0.02 ppm since they will be 

superseded by the newly established 

tolerance. 

8. d-Limonene. Currently, under 40 

CFR 180.539, subpart C (the subpart for 

specific tolerances), a tolerance 

exemption for d-limonene exists when 

used in insect-repellent tablecloths and 

in insect-repellent strips in food- or 

feed-handling establishments. Although 

there are no active registrations in the 

U.S. for those d-limonene uses, there are 

active registrations for d-limonene uses 

as an insecticide in kitchens and 

pantries. As an active ingredient, it is 

also registered for food or feed crop uses 

as an herbicide. In order to support both 

the existing herbicidal and insecticidal 

uses of d-limonene, the Agency 

determined that an exemption from the 

requirement of a tolerance should be 

established for each of them under 40 

CFR part 180, subpart D, the subpart for 

exemptions from tolerances. Therefore, 

EPA is proposing to establish two 

tolerance exemptions under 40 CFR part 

180, subpart D, in newly designated 

§ 180.1342, to cover both registered uses 

of d-limonene concomitant with the 

revocation of the tolerance exemption in 

40 CFR 180.539, in subpart C, by 

removing that section in its entirety. 

9. Oxydemeton-methyl (S-(2- 

(Ethylsulfinyl)ethyl) O,O-dimethyl 

phosphorothioate). In the Federal 

Register notice of February 20, 2013 (78 

FR 11881) (FRL–9378–9), EPA 

announced its receipt of voluntary 

requests by registrants to cancel certain 

registrations, including the last 

oxydemeton-methyl products registered 

for use on food commodities in the 

United States. In the Federal Register 

notice of May 1, 2013 (78 FR 25438) 

(FRL–9384–7), EPA published a 

cancellation order in follow-up to the 

February 20, 2013 notice and granted 

the requested product cancellations for 

oxydemeton methyl. EPA permitted the 

registrant to sell and distribute existing 

stocks of those oxydemeton methyl 

products until December 31, 2014 and 

persons other than the registrant to sell 

and distribute until December 31, 2016, 

and end users to use existing stocks 

until supplies are exhausted. EPA 

believes that existing stocks are likely to 

be exhausted by December 31, 2017. 

Therefore, EPA is proposing to revoke 

the tolerances in 40 CFR 180.330(a)(1) 

for oxydemeton-methyl residues of 

concern in or on alfalfa, forage; alfalfa, 

hay; bean, lima; beet, sugar, roots; beet, 

sugar, tops; broccoli; Brussels sprouts; 

cabbage; cauliflower; clover, forage; 

clover, hay; corn, sweet, forage; corn, 

sweet, kernel plus cob with husks 

removed; corn, sweet, stover; cotton, 

undelinted seed; cucumber; eggplant; 

grapefruit; hazelnut; lemon; lettuce, 

head; melon; onion, bulb; orange; 

pepper; peppermint, tops; pumpkin; 

safflower, seed; sorghum, forage, forage; 

sorghum, grain, forage; sorghum, grain, 

grain; spearmint, tops; squash, summer; 

squash, winter; strawberry; and walnut; 

in 40 CFR 180.330(a)(2) for cattle, fat; 

cattle, meat; cattle, meat byproducts; 

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

byproducts; hog, fat; hog, meat; hog, 

meat byproducts; horse, fat; horse, meat; 

horse, meat byproducts; milk; poultry, 

fat; poultry, meat; poultry, meat 

byproducts; sheep, fat; sheep, meat; and 

sheep, meat byproducts; and in 40 CFR 

180.330(c) for broccoli raab; each with 

an expiration/revocation date of 

December 31, 2017. 

Also, in accordance with current 

Agency practice to list significant 

figures for tolerance values, EPA is 

proposing to list existing tolerances in 

§ 180.330(a)(1) for bean, lima; melon; 

and pumpkin at 0.20 ppm, beet, sugar, 

roots and squash, winter at 0.30 ppm, 

and beet, sugar, tops and corn, sweet, 

kernel plus cob with husks removed at 

0.50 ppm, and alfalfa, hay at 11 ppm. 

10. Propachlor. Because there have 

been no active propachlor registrations 

for over 5 years, there is no longer a 

need for the tolerances. Therefore, the 

propachlor tolerances should be 

revoked. Consequently, EPA is 

proposing to revoke the tolerances in 40 

CFR 180.211(a) for propachlor residues 

of concern in or on cattle, fat; cattle, 

kidney; cattle, meat; cattle, meat 

byproducts, except kidney; corn, field, 

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

stover; corn, sweet, forage; goat, fat; 

goat, kidney; goat, meat; goat, meat 

byproducts, except kidney; hog, fat; hog, 

meat; hog, meat byproducts; horse, fat; 

horse, kidney; horse, meat; horse, meat 

byproducts, except kidney; milk; sheep, 

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

meat byproducts, except kidney; 

sorghum, forage, forage; sorghum, grain, 

forage; sorghum, grain, grain; and 

sorghum, grain, stover. 

11. Sulfentrazone. As described 

previously in Unit II of this document, 

regarding crop group updates, EPA on 

its own initiative, under FFDCA section 

408(e), 21. U.S.C. 346a(e), is proposing 

to establish a tolerance in 40 CFR 

180.498(a)(2) for sulfentrazone residues 

of concern in or on nut, tree, group 14– 

12 at 0.15 ppm. The Agency is also 

proposing to revoke the existing 

tolerances in 40 CFR 180.498(a)(2) for 

nut, tree, group 14 at 0.15 ppm and 

pistachio at 0.15 ppm since they will be 

superseded by the newly established 

tolerance. Also, in order to conform to 

current Agency practice, EPA is 

proposing in 40 CFR 180.498(a)(2) to 

revise the commodity terminology for 

‘‘flax’’ to ‘‘flax, seed.’’ In addition, in 

accordance with current Agency 

practice to list significant figures for 

tolerance values, EPA is proposing to 

list existing tolerances for indirect or 

inadvertent residues in 40 CFR 

180.498(d) for grain, cereal, forage, 

fodder and straw, group 16, except 

sweet corn; stover; and grain, cereal, 

group 15, except sweet corn at 0.10 

ppm; grain, cereal, forage, fodder and 

straw, group 16, except sweet corn; 

forage; and grain, cereal, forage, fodder 

and straw, group 16, except sweet corn; 

hay at 0.20 ppm; and grain, cereal, 

forage, fodder and straw, group 16, 

except sweet corn; straw at 0.60 ppm. 

12. Tartrazine. In order to support 

existing registrations for tartrazine, a 

dye also known as F.D.&C. Yellow No. 

5 or Acid Yellow 23, when used as an 

aquatic plant control agent, EPA 

recommended (in the 2005 RED for 

Aquashade) that an exemption from the 

requirement of a tolerance should be 

established since treated water may be 

used for irrigation of crops, livestock 

watering, and fishing. Therefore, EPA is 

proposing to establish an exemption 

from a tolerance for tartrazine when 

used as an aquatic plant control agent 

under 40 CFR part 180, subpart D, in 

newly designated § 180.1343. 

13. Thiacloprid. In the Federal 

Register proposed and final rules of July 

22, 2015 (80 FR 43373) (FRL–9929–12) 

and June 1, 2016 (81 FR 34902) (FRL– 

9943–73), EPA inadvertently revised the 

listing for the tolerance at 0.05 ppm in 

40 CFR 180.594(a) from Plum subgroup 

12–12C to Peach subgroup 12–12C. 

Consequently, EPA is proposing in 40 

CFR 180.594(a) to correct the listing for 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 42535 

the tolerance as Plum subgroup 12–12C 

at 0.05 ppm. 

14. Thiodicarb. In the Federal 

Register of October 17, 2014 (79 FR 

62439) (FRL–9916–78), among other 

actions requested, EPA announced 

receipt of request from the registrant to 

amend the sole technical registration to 

delete the last uses of thiodicarb for 

broccoli, cabbage, cauliflower, sweet 

corn, and leafy vegetables. EPA 

approved the use deletions effective 

November 17, 2014 since the registrant 

did not withdraw the request and there 

were no significant public comments. 

Previously, the last end-use registrations 

of thiodicarb for broccoli, cabbage, 

cauliflower, sweet corn, and leafy 

vegetables had been canceled, due to 

non-payment of the maintenance fee, in 

the Federal Register of June 26, 2013 

(78 FR 38319) (FRL–9388–4), and 

permitted the registrant to sell and 

distribute existing stocks until January 

15, 2014. Therefore, EPA believes that 

existing stocks of end-use registrations 

for these thiodicarb uses were exhausted 

two to three years ago, and the 

tolerances are no longer needed. 

Consequently, EPA is proposing to 

revoke the tolerances in 40 CFR 

180.407(a) for broccoli; cabbage; 

cauliflower; corn, sweet, kernel plus cob 

with husks removed; and vegetable, 

leafy, except brassica, group 4. 

B. What is the Agency’s authority for 

taking this action? 

A ‘‘tolerance’’ represents the 

maximum level for residues of pesticide 

chemicals legally allowed in or on raw 

agricultural commodities and processed 

foods. Section 408 of FFDCA, 21 U.S.C. 

346a, authorizes the establishment of 

tolerances, exemptions from tolerance 

requirements, modifications in 

tolerances, and revocation of tolerances 

for residues of pesticide chemicals in or 

on raw agricultural commodities and 

processed foods. Without a tolerance or 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under FFDCA 

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

food may not be distributed in interstate 

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

the pesticide must not only have 

appropriate tolerances under the 

FFDCA, but also must be registered 

under FIFRA, 7 U.S.C. 136 et seq. Fooduse pesticides not registered in the 

United States must have tolerances in 

order for commodities treated with 

those pesticides to be imported into the 

United States. 

EPA’s general practice is to propose 

revocation of tolerances for residues of 

pesticide active ingredients on crops for 

which FIFRA registrations no longer 

exist and on which the pesticide may 

therefore no longer be used in the 

United States. EPA has historically been 

concerned that retention of tolerances 

that are not necessary to cover residues 

in or on legally treated foods may 

encourage misuse of pesticides within 

the United States. Nonetheless, EPA 

will establish and maintain tolerances 

even when corresponding domestic uses 

are canceled if the tolerances, which 

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

necessary to allow importation into the 

United States of food containing such 

pesticide residues. However, where 

there are no imported commodities that 

require these import tolerances, the 

Agency believes it is appropriate to 

revoke tolerances for unregistered 

pesticides in order to prevent potential 

misuse. 

Furthermore, as a general matter, the 

Agency believes that retention of import 

tolerances not needed to cover any 

imported food may result in 

unnecessary restriction on trade of 

pesticides and foods. Under FFDCA 

section 408, a tolerance may only be 

established or maintained if EPA 

determines that the tolerance is safe 

based on a number of factors, including 

an assessment of the aggregate exposure 

to the pesticide and an assessment of 

the cumulative effects of such pesticide 

and other substances that have a 

common mechanism of toxicity. In 

doing so, EPA must consider potential 

contributions to such exposure from all 

tolerances. If the cumulative risk is such 

that the tolerances in aggregate are not 

safe, then every one of these tolerances 

is potentially vulnerable to revocation. 

Furthermore, if unneeded tolerances are 

included in the aggregate and 

cumulative risk assessments, the 

estimated exposure to the pesticide 

would be inflated. Consequently, it may 

be more difficult for others to obtain 

needed tolerances or to register needed 

new uses. To avoid potential trade 

restrictions, the Agency is proposing to 

revoke tolerances for residues on crops 

uses for which FIFRA registrations no 

longer exist, unless someone expresses 

a need for such tolerances. Through this 

proposed rule, the Agency is inviting 

individuals who need these import 

tolerances to identify themselves and 

the tolerances that are needed to cover 

imported commodities. 

Parties interested in retention of the 

tolerances should be aware that 

additional data may be needed to 

support retention. These parties should 

be aware that, under FFDCA section 

408(f), if the Agency determines that 

additional information is reasonably 

required to support the continuation of 

a tolerance, EPA may require that 

parties interested in maintaining the 

tolerances provide the necessary 

information. If the requisite information 

is not submitted, EPA may issue an 

order revoking the tolerance at issue. 

C. When do these actions become 

effective? 

EPA is proposing that the actions 

herein become effective 6 months after 

the date of publication of the final rule 

in the Federal Register. EPA is 

proposing this effective date for these 

actions to allow a reasonable interval for 

producers in exporting members of the 

World Trade Organization’s (WTO’s) 

Sanitary and Phytosanitary (SPS) 

Measures Agreement to adapt to the 

requirements of a final rule. With the 

exception of the proposed revocation of 

tolerances with expiration dates for 

oxydemeton-methyl, the Agency 

believes that existing stocks of pesticide 

products labeled for the uses associated 

with the tolerances proposed for 

revocation have been completely 

exhausted and that treated commodities 

have cleared the channels of trade. 

Where EPA is proposing revocation 

with expiration dates for oxydemetonmethyl, the Agency believes that this 

revocation date allows users to exhaust 

stocks and allows sufficient time for 

passage of treated commodities through 

the channels of trade. If you have 

comments regarding existing stocks and 

whether the effective date allows 

sufficient time for treated commodities 

to clear the channels of trade, please 

submit comments as described under 

SUPPLEMENTARY INFORMATION. 

Any commodities listed in this 

proposal treated with the pesticides 

subject to this proposal, and in the 

channels of trade following the 

tolerance revocations, shall be subject to 

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

by FQPA. Under this unit, any residues 

of these pesticides in or on such food 

shall not render the food adulterated so 

long as it is shown to the satisfaction of 

the Food and Drug Administration that: 

1. The residue is present as the result 

of an application or use of the pesticide 

at a time and in a manner that was 

lawful under FIFRA, and 

2. The residue does not exceed the 

level that was authorized at the time of 

the application or use to be present on 

the food under a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates when the 

pesticide was applied to such food. 

III. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 


sradovich on DSK3GMQ082PROD with PROPOSALS
42536 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for aluminum tris 

(O-ethylphosphonate), carbon disulfide 

(degradate of sodium 

tetrathiocarbonate), pchlorophenoxyacetic acid (p-CPA), 

isoxaben, d-limonene, propachlor, 

sulfentrazone, tartrazine, thiodicarb, or 

dichlobenil in or on cherry. 

The Codex has established MRLs for 

cyromazine in or on [cucumber at 2 mg/ 

kg; edible offal (mammalian) and eggs at 

0.3 mg/kg; mango at 0.5 mg/kg; poultry 

meat at 0.1 mg/kg; and poultry, edible 

offal at 0.2 mg/kg. These MRLs are 

currently different, but the same as 

certain proposed U.S. tolerances (to 

harmonize with Codex MRLs) for 

cyromazine in the United States. 

The Codex has established MRLs for 

oxydemeton-methyl in or on various 

commodities, including cauliflower and 

sugar beet at 0.01 mg/kg; fat of cattle, 

poultry, and sheep, meat of cattle, hogs, 

sheep, and poultry, and cotton seed at 

0.05 mg/kg; and lemon at 0.2 mg/kg. 

These MRLs are different than the 

tolerances, proposed for revocation, for 

oxydemeton-methyl in the United States 

because of differences in use patterns, 

and/or good agricultural practices. 

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, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). This proposed 

rule does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

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

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

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

seq.). Nor does it require any special 

considerations as required by Executive 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994); or OMB review or any other 

Agency action under Executive Order 

13045, entitled ‘‘Protection of Children 

from Environmental Health Risks and 

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

1997). This proposed rule does not 

involve any technical standards that 

would require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

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

Pursuant to the Regulatory Flexibility 

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

Agency previously assessed whether 

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 in the 

Federal Register of May 4, 1981 (46 FR 

24950) and 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 

pesticides named in this proposed rule, 

the Agency knows of no extraordinary 

circumstances that exist as to the 

present proposed rule that would 

change EPA’s previous analysis. Any 

comments about the Agency’s 

determination should be submitted to 

the EPA along with comments on the 

proposed rule, and will be addressed 

prior to issuing a final rule. In addition, 

the Agency has determined that this 

proposed rule will not have a 

substantial direct effect on States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This proposed 

rule directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This proposed rule 

does not alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

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

reasons, the Agency has determined that 

this proposed rule does not have any 

‘‘tribal implications’’ as described in 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 42537 

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: June 23, 2017. 

Richard P. Keigwin, Jr., 

Acting Director, Office of Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

part 180 be amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

§ 180.183 [Removed] 

■ 2. Remove § 180.183. 

■ 3. In § 180.202, revise the introductory 

text in paragraph (a) to read as follows: 

§ 180.202 p-Chlorophenoxyacetic acid; 

tolerances for residues. 

(a) General. A tolerance is established 

for residues of the plant regulator pchlorophenoxyacetic acid, including its 

metabolites and degradates, in or on the 

commodity in the table in this 

paragraph (a). Compliance with the 

tolerance level specified in this 

paragraph (a) is to be determined by 

measuring only p-chlorophenoxyacetic 

acid, in or on the commodity. 

* * * * * 

§ 180.211 [Removed] 

■ 4. Remove § 180.211. 

■ 5. In § 180.231, revise paragraph (a) to 

read as follows: 

§ 180.231 Dichlobenil; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of dichlobenil, 

including its metabolites and 

degradates, in or on the commodities in 

the table in this paragraph (a). 

Compliance with the tolerance levels 

specified in this paragraph (a) is to be 

determined by measuring only the sum 

of dichlobenil (2,6-dichlorobenzonitrile) 

and its BAM metabolite (2,6- 

dichlorobenzamide), calculated as the 

stoichiometric equivalent of 

dichlobenil, in or on the commodity. 

Commodity Parts per 

million 

Apple ......................................... 0.50 

Bushberry subgroup 13–07B .... 0.15 

Caneberry subgroup 13–07A ... 0.10 

Cherry ....................................... 0.15 

Cranberry .................................. 0.10 

Grape ........................................ 0.15 

Hazelnut .................................... 0.10 

Pear .......................................... 0.50 

Rhubarb .................................... 0.06 

* * * * * 

■ 6. In § 180.330, revise the tables in 

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

as follows: 

§ 180.330 S-(2-(Ethylsulfinyl)ethyl) O,Odimethyl phosphorothioate; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Alfalfa, forage ........................................................................................................................................................... 5.0 12/31/17 

Alfalfa, hay ............................................................................................................................................................... 11 12/31/17 

Bean, lima ................................................................................................................................................................ 0.20 12/31/17 

Beet, sugar, roots .................................................................................................................................................... 0.30 12/31/17 

Beet, sugar, tops ..................................................................................................................................................... 0.50 12/31/17 

Broccoli .................................................................................................................................................................... 1.0 12/31/17 

Brussels sprouts ...................................................................................................................................................... 1.0 12/31/17 

Cabbage .................................................................................................................................................................. 2.0 12/31/17 

Cauliflower ............................................................................................................................................................... 1.0 12/31/17 

Clover, forage .......................................................................................................................................................... 5.0 12/31/17 

Clover, hay ............................................................................................................................................................... 10.0 12/31/17 

Corn, sweet, forage ................................................................................................................................................. 1.0 12/31/17 

Corn, sweet, kernel plus cob with husks removed ................................................................................................. 0.50 12/31/17 

Corn, sweet, stover .................................................................................................................................................. 3.0 12/31/17 

Cotton, undelinted seed ........................................................................................................................................... 0.02 12/31/17 

Cucumber ................................................................................................................................................................ 1.0 12/31/17 

Eggplant ................................................................................................................................................................... 1.0 12/31/17 

Grapefruit ................................................................................................................................................................. 1.0 12/31/17 

Hazelnut ................................................................................................................................................................... 0.05 12/31/17 

Lemon ...................................................................................................................................................................... 1.0 12/31/17 

Lettuce, head ........................................................................................................................................................... 2.0 12/31/17 

Melon ....................................................................................................................................................................... 0.20 12/31/17 

Onion, bulb .............................................................................................................................................................. 0.05 12/31/17 

Orange ..................................................................................................................................................................... 1.0 12/31/17 

Pepper ..................................................................................................................................................................... 0.75 12/31/17 

Peppermint, tops ...................................................................................................................................................... 12.5 12/31/17 

Pumpkin ................................................................................................................................................................... 0.20 12/31/17 

Safflower, seed ........................................................................................................................................................ 1.0 12/31/17 

Sorghum, forage, forage .......................................................................................................................................... 2.0 12/31/17 

Sorghum, grain, forage ............................................................................................................................................ 2.0 12/31/17 

Sorghum, grain, grain .............................................................................................................................................. 0.75 12/31/17 

Spearmint, tops ........................................................................................................................................................ 12.5 12/31/17 

Squash, summer ...................................................................................................................................................... 1.0 12/31/17 

Squash, winter ......................................................................................................................................................... 0.30 12/31/17 

Strawberry ................................................................................................................................................................ 2.0 12/31/17 

Walnut ...................................................................................................................................................................... 0.05 12/31/17 


sradovich on DSK3GMQ082PROD with PROPOSALS
42538 Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 

(2) * * * 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Cattle, fat ................................................................................................................................................................. 0.01 12/31/17 

Cattle, meat ............................................................................................................................................................. 0.01 12/31/17 

Cattle, meat byproducts ........................................................................................................................................... 0.01 12/31/17 

Egg ........................................................................................................................................................................... 0.01 12/31/17 

Goat, fat ................................................................................................................................................................... 0.01 12/31/17 

Goat, meat ............................................................................................................................................................... 0.01 12/31/17 

Goat, meat byproducts ............................................................................................................................................ 0.01 12/31/17 

Hog, fat .................................................................................................................................................................... 0.01 12/31/17 

Hog, meat ................................................................................................................................................................ 0.01 12/31/17 

Hog, meat byproducts ............................................................................................................................................. 0.01 12/31/17 

Horse, fat ................................................................................................................................................................. 0.01 12/31/17 

Horse, meat ............................................................................................................................................................. 0.01 12/31/17 

Horse, meat byproducts .......................................................................................................................................... 0.01 12/31/17 

Milk ........................................................................................................................................................................... 0.01 12/31/17 

Poultry, fat ................................................................................................................................................................ 0.01 12/31/17 

Poultry, meat ............................................................................................................................................................ 0.01 12/31/17 

Poultry, meat byproducts ......................................................................................................................................... 0.01 12/31/17 

Sheep, fat ................................................................................................................................................................ 0.01 12/31/17 

Sheep, meat ............................................................................................................................................................ 0.01 12/31/17 

Sheep, meat byproducts .......................................................................................................................................... 0.01 12/31/17 

* * * * * 

(c) * * * 

Commodity Parts per 

million 

Expiration/ 

revocation 

date 

Broccoli raab ......... 2.0 12/31/17 

* * * * * 

§ 180.407 [Amended] 

■ 7. In § 180.407, remove the entries for 

‘‘Broccoli,’’ ‘‘Cabbage,’’ ‘‘Cauliflower,’’ 

‘‘Corn, sweet, kernel plus cob with 

husks removed,’’ and ‘‘Vegetable, leafy, 

except brassica, group 4’’ from the table 

in paragraph (a). 

■ 8. In § 180.414, revise the table in 

paragraph (a)(1), and revise paragraph 

(d) to read as follows: 

§ 180.414 Cyromazine; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

Bean, dry, except cowpea .......... 3.0 

Bean, lima ................................... 1.0 

Bean, succulent .......................... 2.0 

Broccoli ....................................... 1.0 

Cabbage, abyssinian .................. 10 

Cabbage, seakale ....................... 10 

Cattle, fat .................................... 0.05 

Cattle, meat ................................ 0.30 

Cattle, meat byproducts ............. 0.30 

Egg ............................................. 0.30 

Garlic .......................................... 0.20 

Garlic, great-headed, bulb .......... 0.20 

Goat, fat ...................................... 0.05 

Goat, meat .................................. 0.30 

Goat, meat byproducts ............... 0.30 

Hanover salad, leaves ................ 10 

Commodity Parts per 

million 

Hog, fat ....................................... 0.05 

Hog, meat ................................... 0.30 

Hog, meat byproducts ................ 0.30 

Horse, fat .................................... 0.05 

Horse, meat ................................ 0.30 

Horse, meat byproducts ............. 0.30 

Leek ............................................ 3.0 

Mango 1 ....................................... 0.50 

Milk ............................................. 0.10 

Mushroom ................................... 8.0 

Onion, bulb, subgroup 3–07A .... 0.30 

Onion, green ............................... 3.0 

Onion, potato .............................. 3.0 

Onion, tree .................................. 3.0 

Onion, welsh ............................... 3.0 

Pepper ........................................ 3.0 

Potato ......................................... 0.80 

Poultry, fat (from chicken layer 

hens and chicken breeder 

hens only) ............................... 0.05 

Poultry, meat (from chicken layer 

hens and chicken breeder 

hens only) ............................... 0.10 

Poultry, meat byproducts (from 

chicken layer hens and chicken breeder hens only) ............. 0.20 

Rakkyo, bulb ............................... 0.20 

Shallot, bulb ................................ 0.20 

Shallot, fresh leaves ................... 3.0 

Sheep, fat ................................... 0.05 

Sheep, meat ............................... 0.30 

Sheep, meat byproducts ............ 0.30 

Tomato ........................................ 1.0 

Turnip, greens ............................ 10 

Vegetable, brassica, leafy, group 

5, except broccoli .................... 35 

Vegetable, leafy, except brassica, group 4 ........................... 10 

Vegetable, cucurbit, group 9 ...... 2.0 

1There are no U.S. registrations on mango 

as of May 4, 2000. 

* * * * * 

(d)(1) Indirect or inadvertent residues. 

Tolerances are established for indirect 

or inadvertent residues of the 

insecticide cyromazine, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph (d)(1) when present therein as 

a result of the application of cyromazine 

to growing crops listed in paragraph 

(a)(1) of this section. Compliance with 

the tolerance levels specified in this 

paragraph (d)(1) is to be determined by 

measuring only cyromazine, Ncyclopropyl-1,3,5-triazine-2,4,6- 

triamine, in or on the commodity. 

Commodity Parts per 

million 

Cotton, undelinted seed ....... 0.10 

Corn, sweet, kernel plus cob 

with husks removed .......... 0.50 

Corn, sweet, forage .............. 0.50 

Corn, sweet, stover .............. 0.50 

Radish, roots ........................ 0.50 

Radish, tops .......................... 0.50 

(2) Indirect or inadvertent residues. 

Tolerances are established for indirect 

or inadvertent residues of the 

insecticide cyromazine, including its 

metabolites and degradates, in or on the 

commodities in the table in this 

paragraph (d)(2) when present therein as 

a result of the application of fertilizer 

containing cyromazine to growing crops 

that do not have a higher tolerance in 

paragraph (a)(1) of this section. 

Compliance with the tolerance levels 

specified in this paragraph (d)(2) is to be 

determined by measuring only 

cyromazine, N-cyclopropyl-1,3,5- 

triazine-2,4,6-triamine, in or on the 

commodity. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 173 / Friday, September 8, 2017 / Proposed Rules 42539 

Commodity Parts per 

million 

Grain, cereal, forage, fodder 

and straw, group 16 .......... 0.60 

Grain, cereal, group 15 ........ 0.60 

Herbs and spices, group 19 0.60 

Oilseed, group 20 ................. 0.60 

Onion, bulb, subgroup 3–07A 0.60 

Strawberry ............................ 0.60 

Vegetable, foliage of legume, 

group 7 .............................. 0.60 

Vegetable, fruiting, group 8– 

10 ...................................... 0.60 

Vegetable, leaves of root 

and tuber, group 2 ............ 0.60 

Vegetable, legume, group 6 0.60 

Vegetable, root and tuber, 

group 1 .............................. 0.60 

■ 9. In § 180.415, revise the table in 

paragraph (a) to read as follows: 

§ 180.415 Aluminum tris (Oethylphosphonate); tolerances for residues. 

(a) * * * 

Commodity Parts per 

million 

Avocado ................................ 25 

Banana ................................. 3.0 

Bushberry subgroup 13–07B 40 

Caneberry subgroup 13–07A 0.05 

Cranberry .............................. 0.5 

Fruit, citrus, group 10–10 ..... 9.0 

Fruit, pome, group 11–10 ..... 10 

Ginseng ................................ 0.05 

Hop, dried cones .................. 45 

Juneberry .............................. 40 

Lingonberry ........................... 40 

Nut, macadamia ................... 0.20 

Onion, bulb ........................... 0.50 

Onion, green ......................... 10 

Pea, succulent ...................... 0.30 

Pepper/eggplant, subgroup 

8–10B ................................ 0.01 

Pineapple .............................. 0.10 

Salal ...................................... 40 

Strawberry ............................ 75 

Tomato .................................. 3.0 

Turnip, greens ...................... 40 

Turnip, roots ......................... 15 

Vegetable, brassica, leafy, 

group 5 .............................. 60 

Vegetable, cucurbit, group 9 15 

Vegetable, leafy, except 

brassica, group 4 .............. 100 

* * * * * 

§ 180.467 [Removed] 

■ 10. Remove § 180.467. 

■ 11. In § 180.498, revise the tables in 

paragraphs (a)(2) and (d) to read as 

follows: 

§ 180.498 Sulfentrazone; tolerances for 

residues. 

(a) * * * 

(2) * * * 

Commodity Parts per 

million 

Apple ..................................... 0.15 

Asparagus ............................. 0.15 

Berry and small fruit, group 

13–07 ................................ 0.15 

Brassica, head and stem, 

subgroup 5A ...................... 0.20 

Brassica, leafy greens, subgroup 5B ........................... 0.40 

Corn, field, forage ................. 0.20 

Corn, field, grain ................... 0.15 

Corn, field, stover ................. 0.30 

Flax, seed ............................. 0.15 

Fruit, citrus, group 10–10 ..... 0.15 

Horseradish .......................... 0.20 

Melon, subgroup 9A ............. 0.15 

Nut, tree, group 14–12 ......... 0.15 

Pea and bean, dried shelled, 

except soybean, subgroup 

6C ...................................... 0.15 

Pea, succulent ...................... 0.15 

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

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

Peppermint, tops .................. 0.30 

Rhubarb ................................ 0.15 

Spearmint, tops .................... 0.30 

Sugarcane, cane .................. 0.15 

Sugarcane, molasses ........... 0.20 

Sunflower subgroup 20B ...... 0.20 

Turnip, roots ......................... 0.15 

Turnip, tops ........................... 0.60 

Vegetable, fruiting, group 8– 

10 ...................................... 0.15 

Vegetable, soybean, succulent ................................. 0.15 

Vegetable, tuberous and 

corm, subgroup 1C ........... 0.15 

* * * * * 

(d) * * * 

Commodity Parts per 

million 

Grain, cereal (excluding 

sweet corn), hulls .............. 0.30 

Grain, cereal, forage, fodder 

and straw, group 16, except sweet corn; forage .... 0.20 

Grain, cereal, forage, fodder 

and straw, group 16, except sweet corn; hay ......... 0.20 

Grain, cereal, forage, fodder 

and straw, group 16, except sweet corn; stover ..... 0.10 

Grain, cereal, forage, fodder 

and straw, group 16, except sweet corn; straw ...... 0.60 

Grain, cereal, group 15, except sweet corn ................. 0.10 

Commodity Parts per 

million 

Grain, cereal, group 15, except sweet corn; bran ....... 0.15 

§ 180.539 [Removed] 

■ 12. Remove § 180.539. 

§ 180.594 [Amended] 

■ 13. In § 180.594, in the table in 

paragraph (a), remove the text ‘‘Peach 

subgroup 12–12C1’’, add in its place the 

text ‘‘Plum subgroup 12–12C 1’’, and 

designate the entry for ‘‘Plum subgroup 

12–12C1’’ in alphabetical order. 

■ 14. In § 180.650, revise the table in 

paragraph (a) to read as follows: 

§ 180.650 Isoxaben; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Almond, hulls ........................ 0.40 

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

Nut, tree group 14–12 .......... 0.02 

* * * * * 

■ 15. Add § 180.1342 to subpart D to 

read as follows: 

§ 180.1342 d-Limonene; exemption from 

the requirement of a tolerance. 

(a) An exemption from the 

requirement of a tolerance is established 

for residues of d-limonene, (4R)-1- 

methyl-4-(1-methylethenyl)cyclohexene, 

in or on all food commodities when 

applied as an herbicide used in 

accordance with good agricultural 

practices. 

(b) A exemption from the requirement 

of a tolerance is established for residues 

of d-limonene, (4R)-1-methyl-4-(1- 

methylethenyl)cyclohexene, in or on all 

food commodities when applied as an 

insecticide in kitchens and pantries. 

■ 16. Add § 180.1343 to subpart D to 

read as follows: 

§ 180.1343 Tartrazine; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of tartrazine (F.D.&C. Yellow No. 5 or 

Acid Yellow 23), in or on all food 

commodities when used as an aquatic 

plant control agent. 

[FR Doc. 2017–18780 Filed 9–7–17; 8:45 am] 

BILLING CODE 6560–50–P 


sradovich on DSK3GMQ082PROD with PROPOSALS