[Federal Register Volume 82, Number 173 (Friday, September 8, 2017)]
[Proposed Rules]
[Pages 42531-42539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18780]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0128; FRL-9963-03]
RIN 2070-ZA16


Aluminum tris (O-ethylphosphonate), Carbon disulfide, p-
Chlorophenoxyacetic acid, Cyromazine, Dichlobenil, et al.; Proposed 
Tolerance and Tolerance Exemption Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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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:
    <bullet> 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.
    <bullet> Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#aec0cbd8c1c2cf80c4c1ddcbdec6eecbdecf80c9c1d8"><span class="__cf_email__" data-cfemail="f8969d8e979499d692978b9d8890b89d8899d69f978e">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
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:
    <bullet> Crop production (NAICS code 111).
    <bullet> Animal production (NAICS code 112).
    <bullet> Food manufacturing (NAICS code 311).
    <bullet> 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

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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

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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 x 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 
Sec.  180.414(d)(1), establish Sec.  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

[[Page 42534]]

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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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

[[Page 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 
food-use pesticide to be sold and distributed, the pesticide must not 
only have appropriate tolerances under the FFDCA, but also must be 
registered under FIFRA, 7 U.S.C. 136 et seq. Food-use pesticides not 
registered in the United States must have tolerances in order for 
commodities treated with those pesticides to be imported into the 
United States.
    EPA's general practice is to propose revocation of tolerances for 
residues of pesticide active ingredients on crops for which FIFRA 
registrations no longer exist and on which the pesticide may therefore 
no longer be used in the United States. EPA has historically been 
concerned that retention of tolerances that are not necessary to cover 
residues in or on legally treated foods may encourage misuse of 
pesticides within the United States. Nonetheless, EPA will establish 
and maintain tolerances even when corresponding domestic uses are 
canceled if the tolerances, which EPA refers to as ``import 
tolerances,'' are necessary to allow importation into the United States 
of food containing such pesticide residues. However, where there are no 
imported commodities that require these import tolerances, the Agency 
believes it is appropriate to revoke tolerances for unregistered 
pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under FFDCA section 408, a tolerance may only be established or 
maintained if EPA determines that the tolerance is safe based on a 
number of factors, including an assessment of the aggregate exposure to 
the pesticide and an assessment of the cumulative effects of such 
pesticide and other substances that have a common mechanism of 
toxicity. In doing so, EPA must consider potential contributions to 
such exposure from all tolerances. If the cumulative risk is such that 
the tolerances in aggregate are not safe, then every one of these 
tolerances is potentially vulnerable to revocation. Furthermore, if 
unneeded tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances for residues 
on crops 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 oxydemeton-methyl, 
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

[[Page 42536]]

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), p-chlorophenoxyacetic 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

[[Page 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]

0
1. The authority citation for part 180 continues to read as follows:

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


Sec.  180.183  [Removed]

0
2. Remove Sec.  180.183.
0
3. In Sec.  180.202, revise the introductory text in paragraph (a) to 
read as follows:


Sec.  180.202  p-Chlorophenoxyacetic acid; tolerances for residues.

    (a) General. A tolerance is established for residues of the plant 
regulator p-chlorophenoxyacetic 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.
* * * * *


Sec.  180.211  [Removed]

0
4. Remove Sec.  180.211.
0
5. In Sec.  180.231, revise paragraph (a) to read as follows:


Sec.  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.

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             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
------------------------------------------------------------------------

* * * * *
0
6. In Sec.  180.330, revise the tables in paragraphs (a)(1), (a)(2), 
and (c) to read as follows:


Sec.  180.330  S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl 
phosphorothioate; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          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             0.50        12/31/17
 removed................................
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
------------------------------------------------------------------------


[[Page 42538]]

    (2) * * *

------------------------------------------------------------------------
                                                            Expiration/
                Commodity                    Parts per      revocation
                                              million          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) * * *

------------------------------------------------------------------------
                                                             Expiration/
                   Commodity                      Parts per   revocation
                                                   million       date
------------------------------------------------------------------------
Broccoli raab..................................         2.0     12/31/17
------------------------------------------------------------------------

* * * * *


Sec.  180.407  [Amended]

0
7. In Sec.  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).
0
8. In Sec.  180.414, revise the table in paragraph (a)(1), and revise 
paragraph (d) to read as follows:


Sec.  180.414  Cyromazine; tolerances for residues.

    (a) * * *
    (1) * * *

------------------------------------------------------------------------
                                                               Parts per
                          Commodity                             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
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           0.05
 hens only).................................................
Poultry, meat (from chicken layer hens and chicken breeder          0.10
 hens only).................................................
Poultry, meat byproducts (from chicken layer hens and               0.20
 chicken breeder hens only).................................
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
------------------------------------------------------------------------
\1\ There 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, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the 
commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             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.

[[Page 42539]]



------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             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
------------------------------------------------------------------------

0
 9. In Sec.  180.415, revise the table in paragraph (a) to read as 
follows:


Sec.  180.415  Aluminum tris (O-ethylphosphonate); tolerances for 
residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             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
------------------------------------------------------------------------

* * * * *


Sec.  180.467  [Removed]

0
 10. Remove Sec.  180.467.
0
11. In Sec.  180.498, revise the tables in paragraphs (a)(2) and (d) to 
read as follows:


Sec.  180.498  Sulfentrazone; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             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) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Grain, cereal (excluding sweet corn), hulls.............            0.30
Grain, cereal, forage, fodder and straw, group 16,                  0.20
 except sweet corn; forage..............................
Grain, cereal, forage, fodder and straw, group 16,                  0.20
 except sweet corn; hay.................................
Grain, cereal, forage, fodder and straw, group 16,                  0.10
 except sweet corn; stover..............................
Grain, cereal, forage, fodder and straw, group 16,                  0.60
 except sweet corn; straw...............................
Grain, cereal, group 15, except sweet corn..............            0.10
Grain, cereal, group 15, except sweet corn; bran........            0.15
------------------------------------------------------------------------

Sec.  180.539  [Removed]

0
 12. Remove Sec.  180.539.


Sec.  180.594  [Amended]

0
 13. In Sec.  180.594, in the table in paragraph (a), remove the text 
``Peach subgroup 12-12C \1\'', add in its place the text ``Plum 
subgroup 12-12C \1\'', and designate the entry for ``Plum subgroup 12-
12C \1\'' in alphabetical order.
0
14. In Sec.  180.650, revise the table in paragraph (a) to read as 
follows:


Sec.  180.650  Isoxaben; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Almond, hulls...........................................            0.40
Grape...................................................            0.01
Nut, tree group 14-12...................................            0.02
------------------------------------------------------------------------

* * * * *
0
 15. Add Sec.  180.1342 to subpart D to read as follows:


Sec.  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.
0
 16. Add Sec.  180.1343 to subpart D to read as follows:


Sec.  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


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