
[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Proposed Rules]               
[Page 80317-80332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de08-19]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2008-0834; FRL-8394-7]

 
Azinphos-methyl, Disulfoton, Esfenvalerate, Ethylene oxide, 
Fenvalerate, et al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke certain tolerances for the 
fungicides prothioconazole and thiabendazole; the herbicide 
primisulfuron- methyl; and the insecticides azinphos-methyl, 
disulfoton, esfenvalerate, fenvalerate, and phosalone; the plant growth 
regulator 1-naphthaleneacetic acid; and the antimicrobial/insecticidal 
agent ethylene oxide. Also, EPA is proposing to modify certain 
tolerances for the insecticides disulfoton, esfenvalerate, and phosmet; 
and the plant growth regulator 1-naphthaleneacetic acid. In addition, 
EPA is proposing to establish new tolerances for the insecticides 
disulfoton, esfenvalerate, and phosmet; and the antimicrobial/
insecticidal agent ethylene oxide and ethylene chlorohydrin (a reaction 
product formed during the fumigation/sterilization process). The 
regulatory actions proposed in this document are in follow-up to the 
Agency's reregistration program under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), and tolerance reassessment 
program under the Federal Food, Drug, and Cosmetic Act (FFDCA), section 
408(q).

DATES: Comments must be received on or before March 2, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2008-0834, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0834. EPA's policy is that all comments received will be included 
in the docket without change and may be made available online at http:/
/www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through regulations.gov or e-mail. The 
regulations.gov website is an ``anonymous access'' system, which

[[Page 80318]]

means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through regulations.gov, your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

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

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

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

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

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

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke, modify, and establish specific 
tolerances for residues of the fungicides prothioconazole and 
thiabendazole; the herbicide primisulfuron-methyl; and the insecticides 
azinphos-methyl, disulfoton, esfenvalerate, fenvalerate, phosalone, and 
phosmet; the plant growth regulator 1-naphthaleneacetic acid; and the 
antimicrobial/insecticidal agent ethylene oxide and its reaction 
product ethylene chlorohydrin in or on commodities listed in the 
regulatory text.
     EPA is proposing these tolerance actions for disulfoton, ethylene 
oxide, 1-naphthaleneacetic acid, and phosmet to implement the tolerance 
recommendations made during the reregistration and tolerance 
reassessment processes (including

[[Page 80319]]

follow-up on canceled or additional uses of pesticides). However, in 
the case of prothioconazole, the proposed tolerance revocation herein 
is not associated with the reregistration or tolerance reassessment 
processes, but rather with an existing label prohibition. In the cases 
of azinphos-methyl, fenvalerate, primisulfuron-methyl, and 
thiabendazole, the proposed tolerance revocations herein are associated 
with no active U.S. registrations for specific food uses, and in the 
case of phosalone, the proposed revocations are associated with a 
follow-up to the withdrawal of a comment to maintain tolerances for 
import purposes, as described in Unit II.A. In the case of 
esfenvalerate, an isomer of fenvalerate, proposed tolerances to be 
established (for those food commodities with U.S. registrations for 
esfenvalerate) are being converted from fenvalerate tolerances due to a 
phase out of fenvalerate use in the United States, and the proposed 
tolerance revocation on a processed commodity tolerance is associated 
with data that shows such residues are covered by the appropriate 
tolerance on the raw agricultural commodity for which the Agency is 
proposing a decreased level herein. As part of these processes, EPA is 
required to determine whether each of the amended tolerances meets the 
safety standard of FFDCA. The safety finding determination of 
``reasonable certainty of no harm'' is discussed in detail in each 
Reregistration Eligibility Decision (RED) and Report of the Food 
Quality Protection Act (FQPA) Tolerance Reassessment Progress and Risk 
Management Decision (TRED) for the active ingredient. REDs and TREDs 
recommend the implementation of certain tolerance actions, including 
modifications to reflect current use patterns, meet safety findings, 
and change commodity names and groupings in accordance with new EPA 
policy. Printed copies of many REDs and TREDs may be obtained from 
EPA's National Service Center for Environmental Publications (EPA/
NSCEP), P.O. Box 42419, Cincinnati, OH 45242-2419; telephone number: 1-
800-490-9198; fax number: 1-513-489-8695; Internet at http://
www.epa.gov/ncepihom and from the National Technical Information 
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161; telephone 
number: 1-800-553-6847 or (703) 605-6000; Internet at http://
www.ntis.gov. Electronic copies of REDs and TREDs are available on the 
Internet in public dockets for 1-naphthaleneacetic acid (EPA-HQ-OPP-
2006-0507) and TREDs for ethylene oxide (EPA-HQ-OPP-2005-0203) and 
primisulfuron-methyl (EPA-HQ-OPP-2002-0163) at http://
www.regulations.gov and REDs for azinphos-methyl, disulfoton, phosmet, 
and thiabendazole at http://www.epa.gov/pesticides/reregistration/
status.htm.
    The selection of an individual tolerance level is based on crop 
field residue studies designed to produce the maximum residues under 
the existing or proposed product label. Generally, the level selected 
for a tolerance is a value slightly above the maximum residue found in 
such studies, provided that the tolerance is safe. The evaluation of 
whether a tolerance is safe is a separate inquiry. EPA recommends the 
raising of a tolerance when data show that:
     Lawful use (sometimes through a label change) may result 
in a higher residue level on the commodity.
     The tolerance remains safe, notwithstanding increased 
residue level allowed under the tolerance.
In REDs, Chapter IV on ``Risk Management, Reregistration, and Tolerance 
Reassessment'' typically describes the regulatory position, FQPA 
assessment, cumulative safety determination, determination of safety 
for U.S. general population, and safety for infants and children. In 
particular, the human health risk assessment document which supports 
the RED describes risk exposure estimates and whether the Agency has 
concerns. In TREDs, the Agency discusses its evaluation of the dietary 
risk associated with the active ingredient and whether it can determine 
that there is a reasonable certainty (with appropriate mitigation) that 
no harm to any population subgroup will result from aggregate exposure. 
EPA also seeks to harmonize tolerances with international standards set 
by the Codex Alimentarius Commission, as described in Unit III.
    Explanations for proposed modifications in tolerances and/or 
establishments of tolerances for disulfoton, ethylene oxide, 1-
naphthaleneactic acid, and phosmet can be found in the RED and TRED 
document and in more detail in the Residue Chemistry Chapter document 
which supports the RED and TRED. Esfenvalerate was not subject to the 
reregistration program because it was registered after November 1, 
1984. However, the explanation for the proposed modification in one 
tolerance and establishments of other tolerances for esvenvalerate can 
be found in the Residue Chemistry Chapter available in the public 
docket for this proposed rule. Copies of the Residue Chemistry Chapter 
documents are found in the Administrative Record and paper copies for 
ethylene oxide and 1-naphthaleneacetic acid can be found under their 
respective public docket ID numbers, identified in Unit II.A. Paper 
copies for disulfoton, esfenvalerate, and phosmet are available in the 
public docket for this proposed rule. Electronic copies are available 
through EPA's electronic public docket and comment system, 
regulations.gov at http://www.regulations.gov. You may search for 
docket ID number EPA-HQ-OPP-2008-0834, then click on that docket ID 
number to view its contents.
    EPA has determined that the aggregate exposures and risks are not 
of concern for the above mentioned pesticide active ingredients based 
upon the data identified in the RED or TRED which lists the submitted 
studies that the Agency found acceptable.
    EPA has found that the tolerances that are proposed in this 
document to be modified, are safe; i.e., that there is a reasonable 
certainty that no harm will result to infants and children from 
aggregate exposure to the pesticide chemical residues, in accordance 
with FFDCA section 408(b)(2)(C). (Note that changes to tolerance 
nomenclature do not constitute modifications of tolerances). These 
findings are discussed in detail in each RED or TRED. The references 
are available for inspection as described in this document under 
SUPPLEMENTARY INFORMATION.
    In addition, EPA is proposing to revoke certain specific tolerances 
because either they are no longer needed or are associated with food 
uses that are no longer registered under FIFRA. Those instances where 
registrations were canceled were because the registrant failed to pay 
the required maintenance fee and/or the registrant voluntarily 
requested cancellation of one or more registered uses of the pesticide. 
It is EPA's general practice to propose revocation of those tolerances 
for residues of pesticide active ingredients on crop uses for which 
there are no active registrations under FIFRA, unless any person in 
comments on the proposal indicates a need for the tolerance to cover 
residues in or on imported commodities or legally treated domestic 
commodities.
    1. Azinphos-methyl. On December 28, 2005 (70 FR 76827) (FRL-7752-
5), the Agency published a notice in the Federal Register and approved 
requests from registrants to voluntarily amend their product 
registrations to terminate certain azinphos-methyl uses effective 
December 28, 2005. These amendments follow a September 30, 2002 Federal 
Register Notice of Receipt of Requests

[[Page 80320]]

(67 FR 61337) (FRL-7199-6) from the azinphos-methyl registrants to 
amend their product registrations to terminate certain uses. The 
amendments terminated azinphos-methyl use on a number of commodities, 
including alfalfa, bean (succulent and snap), broccoli, cabbage 
(including chinese), cauliflower, celery, citrus, clover, cucumber, 
eggplant, grape, hazelnut (filbert), melon, onion (green and dry bulb), 
pecan, pepper, fresh plum, dried plum, quince, spinach, strawberry, 
tomato, and birdsfoot trefoil. All sale and distribution of existing 
stocks of end-use products bearing these uses by registrants was 
prohibited 90-calendar days after receipt of EPA approved revised 
labels reflecting the use deletions; i.e., after August 2003. The 
Agency believes that end users will have had sufficient time to exhaust 
existing stocks and for treated commodities to have cleared the 
channels of trade. Therefore the associated tolerances are no longer 
needed. Consequently, EPA is proposing to revoke the tolerances in 40 
CFR 180.154 on alfalfa, forage; alfalfa, hay; bean, snap, succulent; 
broccoli; cabbage; cauliflower; celery; clover, forage; clover, hay; 
cucumber; eggplant; fruit, citrus, group 10; grape; hazelnut; melon; 
onion; pecan; pepper; plum, prune; quince; spinach; strawberry; tomato, 
postharvest; trefoil, forage; and trefoil, hay.
    On July 5, 2006 (71 FR 38148) (FRL-8076-4) and March 29, 2006 (71 
FR 15731) (FRL-7771-4), the Agency published notices in the Federal 
Register and approved requests from registrants to voluntarily amend 
their product registrations to terminate certain azinphos-methyl uses 
on caneberry (blackberry, boysenberry, loganberry, raspberry), cotton, 
cranberry, nectarine (covered by the peach tolerance under 40 CFR 
180.1(g)), peach, and potato effective September 30, 2006. The Agency 
believes that end users will have had sufficient time for treated 
commodities to have cleared the channels of trade. Therefore the 
associated tolerances are no longer needed. Consequently, EPA is 
proposing to revoke the tolerances in 40 CFR 180.154 on blackberry; 
boysenberry; cotton, undelinted seed; cranberry; loganberry; peach; 
potato; and raspberry.
    On March 26, 2008 (73 FR 16006) (FRL-8355-1) and February 20, 2008 
(73 FR 9328) (FRL-8349-8), the Agency published notices in the Federal 
Register and approved requests from registrants to voluntarily cancel 
and amend their product registrations to terminate azinphos-methyl uses 
on Brussels sprouts effective September 30, 2008, on almonds, 
pistachios, and walnuts effective October 30, 2009, and on apples, 
blueberries, cherries, parsley, and pears effective September 30, 2012. 
Treated commodities subject to the final rule and that are in the 
channels of trade following the tolerance revocations are subject to 
FFDCA section 408(l)(5). Residues of pesticides whose tolerances have 
been revoked do not render the food adulterated so long as it is shown 
to the satisfaction of the Food and Drug Administration that 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 the residue does 
not exceed the level that was authorized at the time of the application 
or use to be present on the food under a tolerance or exemption from 
tolerance. Evidence to show that food was lawfully treated may include 
records that verify the dates that the pesticide was applied to such 
food. Therefore, the associated tolerances will no longer be needed 
after the last use dates specified. Consequently, EPA is proposing to 
revoke the tolerances in 40 CFR 180.154 on Brussels sprouts on the date 
of publication of the final rule in the Federal Register, on almond; 
almond, hulls; pistachio; and walnut; each with an expiration/
revocation date of October 30, 2009, and on apple; crabapple; 
blueberry; cherry; parsley, leaves; parsley, turnip rooted, roots; and 
pear; each with an expiration/revocation date of September 30, 2012.
    In addition, because the tolerance expired on June 30, 2000, EPA is 
proposing to remove the tolerance in 40 CFR 180.154 on sugarcane, cane.
    Also, EPA is proposing to revise the section heading in 40 CFR 
180.154 from O,O-Dimethyl S-[(4-oxo-1,2,3-benzotriazin-3(4H)-
yl)methyl]phosphorodithioate to that of azinphos-methyl.
    There are Codex Maximum Residue Limits (MRLs) for residues of 
azinphos-methyl on alfalfa forage; almonds; almond hulls; apple; 
blueberries; broccoli; cherries; clover hay or fodder; cottonseed; 
cranberry; cucumber; fruits (except as otherwise listed); melons, 
except watermelon; peach; pear; pecan; peppers, chili (dry); peppers, 
sweet; plums (including prunes); potato; tomato; vegetables (except as 
otherwise listed); and walnuts.
     2. Disulfoton, O,O-Diethyl S-[2-
(ethylthio)ethyl]phosphorodithioate. Currently, tolerances for 
disulfoton in 40 CFR 180.183(a) and (c) are established for the 
combined residues of disulfoton, O,O-diethyl S-[2-(ethylthio)ethyl] 
phosphorodithioate, and its cholinesterase-inhibiting metabolites, 
calculated as demeton. Based on plant and animal metabolism data, the 
Agency determined that residues of concern should include the sulfoxide 
and sulfone degradates and oxygen analogues of the sulfoxide and 
sulfone degradates and calculated as disulfoton in compatibility with 
the Codex expression. Therefore, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.183(a) to read as follows: ``Tolerances are established for the 
combined residues of the insecticide disulfoton, O,O-diethyl S-[2-
(ethylthio)ethyl] phosphorodithioate; demeton-S, O,O-diethyl S-[2-
(ethylthio)ethyl] phosphorothioate; disulfoton sulfoxide, O,O-diethyl 
S-[2-(ethylsulfinyl)ethyl] phosphorodithioate; disulfoton oxygen analog 
sulfoxide, O,O-diethyl S-[2-(ethylsulfinyl)ethyl] phosphorothioate; 
disulfoton sulfone, O,O-diethyl S-[2-(ethylsulfonyl)ethyl] 
phosphorodithioate; and disulfoton oxygen analog sulfone, O,O-diethyl 
S-[2-(ethylsulfonyl)ethyl] phosphorothioate; calculated as disulfoton, 
in or on food commodities as follows.''
    Also, EPA is proposing to revise the introductory text containing 
the tolerance expression in 40 CFR 180.183(c) to read as follows: 
``Tolerances with regional registration are established for the 
combined residues of the insecticide disulfoton, O,O-diethyl S-[2-
(ethylthio)ethyl] phosphorodithioate; demeton-S, O,O-diethyl S-[2-
(ethylthio)ethyl] phosphorothioate; disulfoton sulfoxide, O,O-diethyl 
S-[2-(ethylsulfinyl)ethyl] phosphorodithioate; disulfoton oxygen analog 
sulfoxide, O,O-diethyl S-[2-(ethylsulfinyl)ethyl] phosphorothioate; 
disulfoton sulfone, O,O-diethyl S-[2-(ethylsulfonyl)ethyl] 
phosphorodithioate; and disulfoton oxygen analog sulfone, O,O-diethyl 
S-[2-(ethylsulfonyl)ethyl] phosphorothioate; calculated as disulfoton, 
in or on food commodities as follows.''
    In the Federal Register of May 21, 2008 (73 FR 29507) (FRL-8364-7), 
EPA issued a notice regarding EPA's announcement of the receipt of 
requests from a registrant to voluntarily amend certain registrations 
for disulfoton, including deletion of the last barley and wheat uses 
from disulfoton registrations. EPA approved the barley and wheat use 
deletions for disulfoton and issued a cancellation order on July 30, 
2008 (73 FR 44263) (FRL-8375-7) and permitted the registrants to sell 
and distribute product under the previously approved labeling for a 
period of 6 months after the effective date of the cancellation order; 
i.e., until January 30,

[[Page 80321]]

2009. The Agency believes that end users will have had sufficient time 
to exhaust existing stocks and for disulfoton-treated barley and wheat 
commodities to have cleared the channels of trade by January 30, 2010. 
Therefore, EPA is proposing to revoke the tolerances in 40 CFR 
180.183(a) on barley, grain; barley, straw; wheat, hay; wheat, grain; 
and wheat, straw; each with an expiration/revocation date of January 
30, 2010. In addition, based on field trial data and in order to be 
compatible with Codex MRLs of 0.2 milligram/kilogram (mg/kg), EPA 
determined that the tolerance on wheat, grain should be decreased from 
0.3 to 0.2 parts per million (ppm). Also, the Agency determined that 
wheat data may be translated to barley and the tolerance on barley, 
grain should be decreased from 0.75 to 0.2 ppm. Therefore, EPA is 
proposing to decrease the tolerances in 40 CFR 180.183 on barley, grain 
and wheat, grain; each to 0.2 ppm, the appropriate tolerance level for 
the interim period before each tolerance expires on January 30, 2010.
    Available wheat processing data showed that disulfoton residues of 
concern concentrated in wheat aspirated grain fractions at 1.35X and 
based on a reassessed tolerance for wheat, grain at 0.2 ppm (see the 
disulfoton RED), and the translation of wheat data to barley, EPA 
determined that a tolerance should be established on aspirated grain 
fractions at 0.3 ppm. Therefore, EPA is proposing to establish a 
tolerance in 40 CFR 180.183(a) on grain, aspirated fractions at 0.3 ppm 
with an expiration/revocation date of January 30, 2010.
    Based on available field trial data that showed combined disulfoton 
residues of concern as high as <0.2 ppm on coffee beans, EPA determined 
that the tolerance should be decreased from 0.3 to 0.2 ppm. Therefore, 
EPA is proposing to decrease the tolerance in 40 CFR 180.183(a) on 
coffee, bean to 0.2 ppm.
    In the Federal Register of September 12, 2008 (73 FR 53007) (FRL-
8380-7), EPA issued a notice regarding EPA's announcement of the 
receipt of requests from a registrant to voluntarily cancel certain 
registrations for disulfoton, including termination of the last spinach 
and tomato uses from disulfoton registrations. On October 14, 2008, EPA 
approved the registration cancellations for disulfoton and issued a 
cancellation order to the registrant and permitted the registrant to 
sell and distribute product under the previously approved labeling 
until April 11, 2009. Typically, the Agency will permit a registrant to 
sell and distribute existing stocks for 1 year after the date the 
cancellation request was received. Such policy is in accordance with 
the Agency's statement of policy as set forth in the Federal Register 
of June 26, 1991 (56 FR 29362) (FRL-3846-4). However, in this case, the 
registrant, Bonide Products, Inc. (Bonide), has provided information to 
the Agency that these registrations were dormant, the pesticide has not 
been recently produced or distributed by Bonide, and that no existing 
stocks provision is needed by Bonide in association with these 
cancellation requests. However, in its request of April 11, 2008 for 
voluntary cancellation, Bonide noted that previously sold/distributed 
product may be in the channels of trade. The Agency believes that end 
users will have had sufficient time (18 months) to exhaust existing 
stocks and for disulfoton-treated spinach and tomato commodities to 
have cleared the channels of trade by October 14, 2009. Therefore, EPA 
is proposing to revoke the tolerances in 40 CFR 180.183(a) on spinach 
and tomato; each with an expiration/revocation date of October 14, 
2009.
    Also, in Federal Register notices of September 12, 2008 (73 FR 
53007) (FRL-8380-7) and May 21, 2008 (73 FR 29507) (FRL-8364-7), EPA 
announced the receipt of requests from registrants to voluntarily 
cancel certain or amend registrations for disulfoton, which include the 
last potato use registrations. On October 14, 2008, the Agency issued a 
cancellation order for specific Bonide registrations and permitted the 
registrant to sell and distribute product under the previously approved 
labeling until April 11, 2009. However, Bonide, the registrant, had 
informed the Agency in its request of April 11, 2008, that while the 
associated registrations were dormant ones where the pesticide has not 
been recently produced or distributed by the registrant such that it 
did not need an existing stocks provision, previously sold/distributed 
product in the channels of trade would need an existing stocks 
provision. The Agency believes that end users will have had sufficient 
time to exhaust existing stocks and for disulfoton-treated potato 
commodities to have cleared the channels of trade by October 14, 2009. 
However, the Agency issued an order on July 30, 2008 (73 FR 44263) 
(FRL-8375-7) to amend and terminate certain uses, including potato, for 
specific Bayer CropSciences registrations and permitted the registrant 
to sell and distribute product under the previously approved labeling 
until January 30, 2009. The Agency believes that end users will have 
had sufficient time to exhaust existing stocks and for disulfoton-
treated potato commodities to have cleared the channels of trade by 
January 30, 2010. Consequently, using the latter date, EPA is proposing 
to revoke the tolerance in 40 CFR 180.183(a) on potato with an 
expiration/revocation date of January 30, 2010. In addition, based on 
field trial data that showed disulfoton residues of concern at less 
than 0.5 ppm, EPA determined that the tolerance on potatoes should be 
decreased from 0.75 to 0.5 ppm. Therefore, EPA is proposing to decrease 
the tolerance in 40 CFR 180.183 on potato to 0.5 ppm, the appropriate 
tolerance level for the interim period before it expires on January 30, 
2010.
    In the Federal Register of December 15, 2004 (69 FR 75061) (FRL-
7689-8), EPA issued a notice which announced the receipt of requests 
from a registrant to voluntarily amend a specific registration for 
disulfoton, including deletion of the last peanut and pepper uses. EPA 
approved the amendments, including the peanut and pepper use deletions 
for disulfoton in an order issued on October 10, 2007 (72 FR 57571) 
(FRL-8151-8), and permitted the registrant and others to sell, 
distribute, and use product under the previously approved labeling 
until stocks are exhausted. The registrant and others have had more 
than 4 years since the voluntary amendment requests and more than 1 
year since the amendment order to sell and distribute stocks and the 
Agency believes that end users will have had sufficient time to exhaust 
existing stocks and for disulfoton-treated peanut and pepper 
commodities to have cleared the channels of trade by January 30, 2010. 
Also, based on available data that showed combined disulfoton residues 
of concern below 0.1 ppm in or on nutmeat, the Agency determined that 
the tolerance should be decreased from 0.75 to 0.1 ppm. Therefore, EPA 
is proposing to revoke the tolerances in 40 CFR 180.183(a) on peanut 
and pepper; each with an expiration/revocation date of January 30, 
2010, and decrease the tolerance on peanut to 0.1 ppm for the interim 
period before it expires.
    There have been no active registrations in the United States for 
disulfoton use on peas since 2002. The Agency believes that end users 
have had sufficient time to exhaust existing stocks and for disulfoton-
treated peas to have cleared the channels of trade. Therefore, EPA is 
proposing to revoke the tolerances in 40 CFR 180.183(a) on pea, dry, 
seed; pea, field, vines; and pea, succulent.
    Based on available field trial data that showed combined disulfoton 
residues of

[[Page 80322]]

concern as high as 1.15 ppm on leaf lettuce, EPA determined that the 
existing tolerance for lettuce at 0.75 ppm should be revised and a 
separate tolerance for leaf lettuce should be increased from 0.75 to 2 
ppm. Therefore, EPA is proposing to revise the tolerance on lettuce at 
0.75 ppm in 40 CFR 180.183(a) and separate it into lettuce, head at 
0.75 and lettuce, leaf at 2 ppm. The Agency determined that the 
increased tolerance is safe; i.e., there is a reasonable certainty that 
no harm will result from aggregate exposure to the pesticide chemical 
residue.
    Based on available metabolism and cattle feeding data (3.6X) that 
showed combined disulfoton residues of concern in milk were as high as 
0.012 ppm, EPA calculated residues at the 1X feeding level to be <0.01 
ppm. Therefore, EPA determined that a tolerance should be established 
on milk at 0.01 ppm with an expiration/revocation date of January 30, 
2010. Also, based on available metabolism and cattle feeding data 
(0.7X) that showed combined disulfoton residues of concern in or on 
meat and meat byproducts as high as <0.01 ppm in fat and muscle, and 
0.03 ppm in kidney, EPA calculated that residues at the 1X feeding 
level are expected to be <0.05 ppm in meat byproducts. Therefore, EPA 
determined that tolerances on the fat, meat and meat byproducts of 
cattle, goats, hogs, horses, and sheep should be established at 0.05 
ppm. Currently, there are label restrictions against the grazing of 
disulfoton-treated cotton fields and feeding of treated cotton forage 
to livestock and cotton forage is not considered by EPA to be a 
significant livestock feed item. While cotton gin byproducts may 
occasionally serve as a livestock feed, the Agency has determined that 
there is no reasonable expectation that disulfoton residues would 
transfer to livestock tissue. However, based on the feed crops of 
barley, peanut, and wheat that are proposed herein for tolerance 
revocation, each with an expiration/revocation date of January 30, 
2010, the Agency determined that the livestock and milk tolerances 
should be established, each with an expiration/revocation date of 
January 30, 2010. Consequently, EPA is proposing to establish 
tolerances in 40 CFR 180.183(a) on cattle, fat; cattle, meat; cattle, 
meat byproducts; goat, fat; goat, meat; goat, meat byproducts; hog, 
fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; horse, 
meat byproducts; sheep, fat; sheep, meat; and sheep, meat byproducts, 
each at 0.05 ppm and with an expiration/revocation date of January 30, 
2010, and on milk at 0.01 ppm with an expiration/revocation date of 
January 30, 2010.
    There are Codex MRLs for combined residues of disulfoton, demeton-
S, and their sulfoxides and sulfones on a number of commodities, 
including barley, barley straw, peanut, wheat, and wheat straw.
    3. Esfenvalerate. Existing tolerances for fenvalerate are proposed 
herein to be converted to esfenvalerate tolerances for those crops with 
U.S. registrations for esfenvalerate. This is because fenvalerate uses 
are being phased out in the United States. Esfenvalerate and 
fenvalerate are considered chemically and toxicologically equivalent by 
EPA. Esfenvalerate is the S,S-isomer (the most insecticidally active 
isomer) enriched version of fenvalerate. Currently, esfenvalerate 
tolerances in 40 CFR 180.533(a) are established for residues of 
esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-
(1-methylethyl)benzeneacetate. The Agency had determined that residues 
of concern should include its non-racemic isomer, (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-
[alpha]-(1-methylethyl)benzeneacetate and (R)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate. In addition, the Agency determined that 
proposed and existing tolerances for residues of concern as a result of 
esfenvalerate use on food commodities should be recodified into 40 CFR 
180.533(a)(1) and separated from the proposed tolerance on food 
commodities for residues of concern as a result of esfenvalerate use in 
food-handling establishments. Therefore, EPA is proposing to revise the 
introductory text containing the tolerance expression in 40 CFR 
180.533(a) and recodify that section under 40 CFR 180.533(a)(1), as 
follows: ``Tolerances are established for the combined residues of the 
insecticide esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-
chloro-[alpha]-(1-methylethyl)benzeneacetate, its non-racemic isomer, 
(R)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, in or on food commodities as follows:.''
    In order to cover current registrations for use of esfenvalerate in 
food-handling establishments, EPA is proposing to establish a tolerance 
of 0.05 ppm under newly recodified 40 CFR 180.533(a)(2) on raw 
agricultural food commodities (other than those food commodities 
already covered by a higher tolerance as a result of use on growing 
crops) for the combined residues of the insecticide esfenvalerate, (S)-
cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-
[alpha]-(1-methylethyl)benzeneacetate and (R)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate.
    Based on available data that showed combined esfenvalerate residues 
of concern that were non-detectable (<0.01 ppm) in or on sugar beet 
roots, and in order to harmonize with the fenvalerate Codex MRL for 
root and tuber vegetables, EPA determined that the tolerance should be 
decreased from 0.5 to 0.05 ppm. Therefore, EPA is proposing to decrease 
the tolerance in newly recodified 40 CFR 180.533(a)(1) on beet, sugar, 
roots to 0.05 ppm. In addition, based on available processing data that 
showed an average concentration factor of 4.5X for dried sugar beet 
pulp and the highest average field trial (HAFT) for sugar beet roots 
(<0.01 ppm), EPA determined that the expected combined esfenvalerate 
residues of concern in dried sugar beet pulp are <0.045 ppm. Because 
the proposed tolerance for the raw agricultural commodity (sugar beet 
root) at 0.05 ppm should sufficiently cover expected combined 
esfenvalerate residues of concern in or on sugar beet pulp resulting 
from registered use, the Agency determined that the existing tolerance 
on dried sugar beet pulp is no longer needed and should be revoked. 
Therefore, the Agency is proposing to revoke the tolerance in newly 
recodified 40 CFR 180.533(a)(1) on beet, sugar, dried pulp.
    Because the existing tolerances for kohlrabi and head lettuce 
support regional registrations in Texas and Arizona, California, 
Colorado, Florida, New Mexico, and Texas, respectively, EPA determined 
that these tolerances are no longer general tolerances and should be 
redesignated as regional registrations. Therefore, the Agency is 
proposing to recodify tolerances on kohlrabi at 2.0 ppm and lettuce, 
head at 5.0 ppm from 40 CFR 180.533(a) into 40 CFR 180.533(c) for 
regional tolerances. Also, because that section is currently reserved, 
EPA is proposing introductory text as follows: ``Tolerances with 
regional registration are established for the combined residues of the 
insecticide

[[Page 80323]]

esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-
(1-methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-
[alpha]-(1-methylethyl)benzeneacetate and (R)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, in or on food commodities as follows:.''
    Currently, many crop commodities registered for esfenvalerate, the 
S,S-isomer of fenvalerate, have been covered by tolerances in 40 CFR 
180.379 for fenvalerate, a racemic mixture of four stereoisomers (the 
S,S; R,S; S,R; and R,R isomers). However, as described earlier in this 
document, EPA is proposing to revoke fenvalerate tolerances. Therefore, 
EPA is proposing to establish separate tolerances for esfenvalerate in 
40 CFR 180.533 as described below.
    Based on the available bridging data from fenvalerate that compared 
residues of fenvalerate with esfenvalerate for certain crop commodities 
and using a tiered approach of residue conversion, EPA determined that 
fenvalerate tolerances less than 1.0 ppm should be established for 
esfenvalerate at levels that remain unchanged due to the increased 
variability in analytical data as the limit of quantitation is 
approached. Therefore, the Agency is proposing to establish tolerances 
in newly recodified 40 CFR 180.533(a)(1) for combined esfenvalerate 
residues of concern on almond at 0.2 ppm; bean, dry, seed at 0.25 ppm; 
carrot, roots at 0.5 ppm; cauliflower at 0.5 ppm; corn, field, grain at 
0.02 ppm; corn, pop, grain at 0.02 ppm; corn, sweet, kernel plus cob 
with husks removed at 0.1 ppm; cotton, undelinted seed at 0.2 ppm; 
cucumber at 0.5 ppm; hazelnut at 0.2 ppm; lentil, seed at 0.25 ppm; 
pea, dry, seed at 0.25 ppm; peanut at 0.02 ppm; pecan at 0.2 ppm; 
potato at 0.02 ppm; radish, roots at 0.3 ppm; soybean, seed at 0.05 
ppm; squash, summer at 0.5 ppm; turnip, roots at 0.5 ppm; and walnut at 
0.2 ppm.
    Based on the available bridging data from fenvalerate that compared 
residues of fenvalerate with esfenvalerate for certain crop commodities 
and using a tiered approach of residue conversion, EPA determined that 
fenvalerate tolerances that range from 1.0 to 2.0 ppm should be 
established for esfenvalerate at levels divided by 2. Therefore, the 
Agency is proposing to establish tolerances in newly recodified 40 CFR 
180.533(a)(1) for combined esfenvalerate residues of concern on apple 
at 1.0 ppm; bean, snap, succulent at 1.0 ppm; broccoli at 1.0 ppm; 
cantaloupe at 0.5 ppm; eggplant at 0.5 ppm; melon, honeydew at 0.5 ppm; 
muskmelon at 0.5 ppm; pea, succulent at 0.5 ppm; pear at 1.0 ppm; 
pepper at 0.5 ppm; pumpkin at 0.5 ppm; squash, winter at 0.5 ppm; 
sugarcane, cane at 1.0 ppm; sunflower, seed at 0.5 ppm; tomato at 0.5 
ppm; and watermelon at 0.5 ppm.
    Based on the available bridging data from fenvalerate that compared 
residues of fenvalerate with esfenvalerate for certain crop commodities 
and using a tiered approach of residue conversion, EPA determined that 
fenvalerate tolerances greater than 2.0 ppm should be established for 
esfenvalerate at levels divided by 3 and rounded to the nearest whole 
number. Therefore, the Agency is proposing to establish tolerances in 
newly recodified 40 CFR 180.533(a)(1) for combined esfenvalerate 
residues of concern on almond, hulls at 5.0 ppm; blueberry at 1.0 ppm; 
cabbage, except chinese cabbage at 3.0 ppm; caneberry subgroup 13A at 
1.0 ppm; collards at 3.0 ppm; elderberry at 1.0 ppm; fruit, stone, 
group 12 at 3.0 ppm; gooseberry at 1.0 ppm; radish, tops at 3.0 ppm; 
and turnip, tops at 7.0 ppm.
    Based on the available bridging data from fenvalerate that compared 
residues of fenvalerate with esfenvalerate for corn and using a tiered 
approach of residue conversion, the Agency determined that tolerances 
should be established for combined esfenvalerate residues of concern on 
the forage of field and sweet corn and the stover of field, pop, and 
sweet corn, each at 15.0 ppm. Therefore, the Agency is proposing to 
establish tolerances in newly recodified 40 CFR 180.533(a)(1) for 
combined esfenvalerate residues of concern on corn, field, forage at 
15.0 ppm; corn, field, stover at 15.0 ppm; corn, pop, stover at 15.0 
ppm; corn, sweet, forage at 15.0 ppm; and corn, sweet, stover at 15.0 
ppm.
    In order to cover potential secondary residues in or on milk and 
ruminant tissues which could result from registered uses of 
esfenvalerate on many livestock feed items and livestock premises, and 
because the ruminant metabolism of esfenvalerate is similar to 
fenvalerate, EPA determined that animal commodity tolerances for 
esfenvalerate should be established at levels which match the existing 
tolerances for fenvalerate. Therefore, the Agency is proposing to 
establish tolerances in 40 CFR 180.533(a)(1) on cattle, fat; cattle, 
meat; cattle, meat byproducts; goat, fat; goat, meat; goat, meat 
byproducts; hog, fat; hog, meat; hog, meat byproducts; horse, fat; 
horse, meat; horse, meat byproducts; sheep, fat; sheep, meat; and 
sheep, meat byproducts; each at 1.5 ppm; in milk at 0.3 ppm; and in 
milk, fat at 7.0 ppm.
    Based on a petition with data submitted by the Interregional 
Research Project No. 4 (IR-4) in support of the use of esfenvalerate on 
sweet potatoes that showed residues of concern at <0.05 ppm, EPA 
determined that a tolerance should be established at 0.05 ppm. 
Therefore, the Agency is proposing to establish a tolerance in 40 CFR 
180.533(a)(1) on sweet potato, roots at 0.05 ppm.
    Also, based on a petition with data submitted by IR-4 in support of 
a regional registration (east of the Mississippi River only) for use of 
esfenvalerate on bok choy that showed residues of concern at <1.0 ppm, 
EPA determined that a regional tolerance should be established at 1.0 
ppm. Therefore, the Agency is proposing to establish a regional 
tolerance in 40 CFR 180.533(c) on cabbage, chinese, bok choy at 1.0 
ppm.
    In addition, based on a petition with data submitted by IR-4 
regarding bulk food storage areas and in support of postharvest uses of 
esfenvalerate on stored almonds, cacao beans, peanuts, and walnuts that 
showed residues of concern as high as 43.48 ppm, 0.79 ppm, 0.11 ppm and 
13.05 ppm, respectively, on samples collected from exposed surface 
sections of sacks (samples from interior sections of sacks were mostly 
non-detectable; i.e., <0.1 ppm), EPA determined that postharvest 
tolerances should be established on almond, postharvest at 50 ppm; 
cacao bean, postharvest at 1.0 ppm; peanut, postharvest at 0.20 ppm; 
and walnut, postharvest at 15 ppm. However, the petitioner needs to 
submit a revised Section B to limit number of consecutive daily spray 
applications to 270 days and specify a retreatment interval of 3-4 days 
when the proposed formulation is used for space treatments of food-
handling establishments other than on stored almonds, cacao beans, 
peanuts, and walnuts. Therefore, the Agency is not taking action to 
establish such postharvest tolerances at this time.
    Moreover, based on a petition with data submitted by IR-4 in 
support of a regional registration (for use of esfenvalerate on 
Brussels sprouts grown in all states except California) that showed 
esfenvalerate residues of concern as high as 0.141 ppm, EPA determined 
that a postharvest tolerance should be established at 0.20 ppm. 
Provided that the use of esfenvalerate on Brussels sprouts is limited 
to the EPA-defined growing regions represented by Arkansas (Region 4) 
and North Carolina (Region 2), no additional field trials are required. 
However, the petitioner did

[[Page 80324]]

not specify the minimum spray volumes for ground versus aerial 
equipment applications, and this information is required since the 
amount of spray volumes as well as equipment types can affect the 
magnitude of residues. Therefore, the Agency is not taking action to 
establish such a tolerance for Brussels sprouts at this time.
    There are Codex MRLs for residues of esfenvalerate on eggs; poultry 
meat; and poultry, edible offal.
    4. Ethylene oxide. Because there are no active registrations for 
use of ethylene oxide on coconut, EPA determined that the tolerance on 
coconut, copra is no longer needed and should be revoked. Consequently, 
the Agency is proposing to revoke the tolerance in 40 CFR 180.151(a) on 
coconut, copra.
    EPA has determined that the tolerance on processed spices at 50 ppm 
in 40 CFR 180.151(a)(2) should be reassigned with the tolerance on 
whole spices at 50 ppm in 40 CFR 180.151(a)(1), as one tolerance termed 
herbs and spices, group 19, dried (except basil), and should be lowered 
to 7 ppm based on a reevaluation of a single chamber process that 
showed much lower residue levels. Therefore, the Agency is proposing to 
revoke the tolerances on processed (ground) spices in 40 CFR 
180.151(a)(2) and the tolerance on spices, whole in 40 CFR 
180.151(a)(1), and establish a tolerance in 40 CFR 180.151(a)(1) on 
herb and spice, group 19, dried, except basil at 7 ppm.
    Based on data for spices/herbs and single chamber treatment 
process, EPA determined that a tolerance should be established on dried 
vegetables at 7 ppm, provided that label amendments are made as 
described above. Therefore, the Agency is proposing to establish a 
tolerance in 40 CFR 180.151(a)(1) for residues of ethylene oxide in or 
on vegetable, dried at 7 ppm.
    Currently in 40 CFR 180.151(a)(2), there are prescribed conditions 
of use for ethylene oxide. The Agency believes that these current 
sections in 40 CFR 180.151(a)(2) should be removed because all 
treatment parameters should be on the label. Ethylene chlorohydrin is a 
reaction product that results from the fumigation of foods with 
ethylene oxide due to interaction of the ethylene oxide with natural 
chlorides present in the crop. Based on spice sterilization data and a 
refined probabilistic acute dietary assessment for all supported 
ethylene oxide food uses, the Agency concluded that ethylene 
chlorohydrin is a residue of concern and should have tolerances. 
Therefore, EPA is proposing to remove existing paragraph (a)(2) and 
establish a tolerance expression in newly revised 40 CFR 180.151(a)(2) 
as follows: ``Tolerances are established for residues of the ethylene 
oxide reaction product, 2-chloroethanol, commonly referred to as 
ethylene chlorohydrin, when ethylene oxide is used as a postharvest 
fumigant in or on food commodities as follows:.''
    Also, EPA is proposing to establish tolerances in 40 CFR 
180.151(a)(2) for ethylene chlorohydrin on herb and spice, group 19, 
dried, except basil at 940 ppm and vegetable, dried at 940 ppm.
    In addition, EPA is proposing to revise commodity terminology to 
conform to current Agency practice as follows: in 40 CFR 180.151(a)(1), 
``walnut, black'' to ``walnut.''
    There are no Codex MRLs for residues of ethylene oxide or ethylene 
chlorohydrin in or on spices/herbs. A Canadian MRL exists for ethylene 
chlorohydrin on spices at 1,500 ppm. There is no Canadian MRL for 
ethylene oxide on spices/herbs. However, because the U.S. residue data 
showed slightly lower levels of ethylene chlorohydrin, the Agency is 
proposing a 940 ppm tolerance.
    5. Fenvalerate. Fenvalerate is a racemic mixture of four 
stereoisomers (the S,S; R,S; S,R; and R,R isomers). On August 5, 2004 
(69 FR 47437) (FRL-7369-5), EPA issued a cancellation order for all 
technical registrations for fenvalerate that permitted one technical 
registrant to sell and distribute existing stocks until March 27, 2004 
and the other technical registrant to sell and distribute existing 
stocks until April 1, 2004. Since then, in the Federal Register of 
April 30, 2008 (73 FR 23457) (FRL-8363-5), EPA issued a notice 
regarding EPA's announcement of the receipt of requests from end-use 
registrants to voluntarily cancel certain registrations for 
fenvalerate, cyano(3-phenoxyphenyl)methyl-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, which would terminate the last fenvalerate 
products registered for use in the United States. EPA approved the 
cancellations effective on July 9, 2008, and permitted the registrants 
to sell and distribute product under the previously approved labeling 
for a period of 1 year from the date of the cancellation request (which 
ranged from August 29, 2007 through April 2, 2008), i.e., until April 
2, 2009 for the last end-use registrations. These last registrations 
were for uses associated with agricultural, pet care, domestic home and 
garden, and commercial/industrial/food sites and non-food/mosquito 
abatement. The Agency believes that end users will have had sufficient 
time to exhaust existing stocks and for the fenvalerate-treated food 
commodities to have cleared the channels of trade by April 2, 2010. 
Therefore, EPA is proposing to revoke the tolerances in 40 CFR 
180.379(a)(1) on almond, hulls; almond; apple; artichoke, globe; bean, 
dry, seed; bean, snap, succulent; broccoli; blueberry; cabbage; 
caneberry subgroup 13A; cantaloupe; carrot, roots; cattle, fat; cattle, 
meat byproducts; cattle, meat; cauliflower; collards; corn, grain; 
corn, forage; corn, stover; corn, sweet, kernel plus cob with husks 
removed; cotton, undelinted seed; cucumber; currant; eggplant; 
elderberry; fruit, stone; goat, fat; goat, meat byproducts; goat, meat; 
gooseberry; hazelnut; hog, fat; hog meat byproducts; hog, meat; horse, 
fat; horse, meat byproducts; horse, meat; huckleberry; melon, honeydew; 
milk; milk, fat; muskmelon; peanut; pear; pea; pea, dry, seed; pecan; 
pepper; potato; pumpkin; radish, roots; radish, tops; sheep, fat; 
sheep, meat byproducts; sheep, meat; soybean; squash, summer; squash, 
winter; sugarcane, cane; sunflower, seed; tomato; turnip, greens; 
turnip, roots; walnut; and watermelon; each with an expiration/
revocation date of April 2, 2010. Also, EPA is proposing to revoke the 
tolerance in 40 CFR 180.379(a)(3) on soybean, hulls and the regional 
tolerance in 40 CFR 180.379(c) on okra. In addition, EPA is proposing 
to revoke a tolerance on raw agricultural food commodities (other than 
those food commodities already covered by a higher tolerance as a 
result of use on growing crops) at 0.05 ppm in 40 CFR 180.379(a)(2) for 
residues of fenvalerate and esfenvalerate as a result of use in food-
handling establishments. A separate tolerance for use of esfenvalerate 
in food-handling establishments is proposed by the Agency to be 
established in 40 CFR 180.533(a)(2) as described earlier in this 
document.
    Due to the proposed tolerance revocations herein, EPA is proposing 
to revise the section heading in 40 CFR 180.379 from cyano(3-
phenoxyphenyl)methyl-4-chloro-[alpha]-(1-methylethyl)benzeneacetate to 
that of fenvalerate, remove the table in paragraph (c) and reserve 
paragraph (c), remove paragraphs (a)(2) and (a)(3), revise paragraph 
(a)(1) into (a) and the introductory text containing the tolerance 
expression in newly recodified 40 CFR 180.379(a) to read as follows: 
``Tolerances are established for residues of the insecticide 
fenvalerate, cyano(3-phenoxyphenyl)methyl-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, in or on food commodities as follows.''
    Also, EPA is proposing to revise commodity terminology to conform 
to current Agency practice in 40 CFR

[[Page 80325]]

180.379(a) from ``corn, forage'' to ``corn, field, forage'' and ``corn, 
sweet, forage;'' ``corn, grain'' to ``corn, field, grain'' and ``corn, 
pop, grain;'' ``corn, stover'' to ``corn, field, stover,'' ``corn, pop, 
stover,'' and ``corn, sweet, stover;'' ``fruit, stone'' to ``fruit, 
stone, group 12;'' ``soybean'' to ``soybean, seed;'' and ``turnip, 
greens'' to ``turnip, tops.''
    Currently, there are existing Codex MRLs for fenvalerate residues 
on beans, shelled at 0.1 mg/kg; beans, except broad bean and soya bean 
at 1 mg/kg; berries and other small fruits at 1 mg/kg; broccoli at 2 
mg/kg; cabbages, head at 3 mg/kg; cauliflower at 2 mg/kg; cereal grains 
at 2 mg/kg; cherries at 2 mg/kg; cottonseed at 0.2 mg/kg; cucumber at 
0.2 mg/kg; edible offal (mammalian) at 0.02 mg/kg; fat of meat (from 
mammals other than marine mammals) at 1 mg/kg; melons, except 
watermelon at 0.2 mg/kg; milks at 0.1 mg/kg; peach at 5 mg/kg; peanut, 
whole at 0.1 mg/kg; peas, shelled (succulent seeds) at 0.1 mg/kg; 
peppers, chili (dry) at 5 mg/kg; peppers, sweet at 0.5 mg/kg; pome 
fruits at 2 mg/kg; root and tuber vegetables at 0.05 mg/kg; soya bean 
(dry) at 0.1 mg/kg; squash, summer at 0.5 mg/kg; sunflower seed at 0.1 
mg/kg; sweet corn (corn-on-the-cob) at 0.1 mg/kg; tomato at 1 mg/kg; 
watermelon at 0.5 mg/kg; tree nuts at 0.2 mg/kg; and winter squash at 
0.5 mg/kg.
    6. 1-Naphthaleneacetic acid. Currently, tolerances in 40 CFR 
180.155(a) are established for residues of 1-naphthaleneacetic acid, in 
40 CFR 180.155(b) for residues of the ethyl ester of 1-
naphthaleneacetic acid, and in 40 CFR 180.309 for combined residues of 
[alpha]-naphthaleneacetamide and its metabolite [alpha]-
naphthaleneacetic acid (calculated as [alpha]-naphthaleneacetic acid). 
However, the Agency has determined the residues of concern are 1-
naphthaleneacetic acid and its conjugates and therefore that the 
introductory text in 40 CFR 180.155(a) should be revised for residues 
of 1-naphthaleneacetic acid and its conjugates calculated as 1-
naphthaleneacetic acid that result from application of the acid, its 
ammonium, sodium, or potassium salts, ethyl ester, or acetamide. 
Therefore, while tolerances on apple, pear, and olive should be 
proposed at reassessed levels in 40 CFR 180.155(a), separate tolerances 
on apple, pear, and olive in 40 CFR 180.155(b) and on apple and pear in 
40 CFR 180.309 are no longer needed and should be revoked. 
Consequently, EPA is proposing to revoke the tolerances on apple, pear, 
and olive in 40 CFR 180.155(b) and revise and reserve that paragraph 
for tolerances with section 18 emergency exemptions. Also, EPA is 
proposing to revoke the tolerances on apple and pear in 40 CFR 180.309, 
and remove that section. In addition, EPA is proposing to revise the 
introductory text in 40 CFR 180.155(a) as follows: ``Tolerances are 
established for the combined residues of the plant growth regulator 1-
naphthaleneacetic acid and its conjugates calculated as 1-
naphthaleneacetic acid from the application of 1-naphthaleneacetic 
acid, its ammonium, sodium, or potassium salts, ethyl ester, and 
acetamide in or on food commodities as follows:.''
    Because tolerances for residues of 1-naphthaleneacetic acid by 
application of its various forms will be combined into one introductory 
text in 40 CFR 180.155(a), 40 CFR 180.3(d)(7), which states that the 
total amount of residues for [alpha]-naphthaleneacetamide and/or 
[alpha]-naphthaleneacetic acid on the same raw agricultural commodity 
shall not exceed more residue than that permitted by the higher of the 
two tolerances, is no longer needed and therefore 40 CFR 180.3(d)(7) 
should be removed. Consequently, EPA is proposing to remove the current 
40 CFR 180.3(d)(7) and redesignate current 40 CFR 180.3(d)(8) through 
(d)(13) as 40 CFR 180.3(d)(7) through (d)(12), respectively.
    Based on available field trial data that showed combined 
naphthaleneacetic acid residues of concern in or on apples and pears as 
high as 0.06 ppm and 0.03 ppm, respectively, EPA determined that the 
tolerances on apple, pear, and quince in 40 CFR 180.155(a) should be 
decreased from 1 to 0.1 ppm and revised into a crop group tolerance 
entitled fruit, pome, group 11. Therefore, EPA is proposing to decrease 
the tolerances on apple, pear, and quince in 40 CFR 180.155(a) to 0.1 
ppm and revise them into fruit, pome, group 11.
    Based on available field trial data that showed 
combinednaphthaleneacetic acid residues of concern in or on olives as 
high as 0.61 ppm, EPA determined that the tolerances on olive in 40 CFR 
180.155(a) should be increased from 0.1 to 0.7 ppm. Therefore, EPA is 
proposing to increase the tolerance on olive in 40 CFR 180.155(a) to 
0.7 ppm. The Agency determined that the increased tolerance is safe; 
i.e., there is a reasonable certainty that no harm will result from 
aggregate exposure to the pesticide chemical residue. Also, EPA is 
proposing to remove the ``(N)'' designation from the tolerance on olive 
in 40 CFR 180.155(a) to conform to current Agency administrative 
practice, where the ``(N)'' designation means negligible residue.
    Also, in accordance with current Agency practice, EPA is proposing 
to revise 40 CFR 180.155 by adding separate paragraphs (c), and (d), 
and reserving those sections for tolerances with regional registrations 
and indirect or inadvertent residues, respectively.
    In addition, EPA is proposing to revise commodity terminology to 
conform to current Agency practice in 40 CFR 180.155(a) from ``orange, 
sweet'' to ``orange.'' Also, in order to reflect that there are no U.S. 
registrations, but only support for importation, EPA is proposing to 
footnote the pineapple tolerance and revise it from ``pineapple (from 
the application of the sodium salt to the growing crop)'' to 
``pineapple.''
    There are no Codex MRLs for residues of 1-naphthaleneacetic acid, 
its salts, ester, and acetamide.
    7. Phosalone. In the Federal Register of October 26, 1998 (63 FR 
57062) (FRL-6035-8), EPA responded to a comment from Rhone-Poulenc Ag 
Company, which requested that the Agency not revoke tolerances for 
phosalone on almonds; apricots; apples; cherries; grapes; peaches; 
pears; and plums/prunes in order to maintain them for importation 
purposes, by not revoking those tolerances at that time. Later, after a 
merger, Rhone-Poulenc Ag Company became Aventis CropScience, and was 
eventually acquired by Bayer CropScience, which later entered into an 
agreement that transferred the global rights of phosalone to Cheminova. 
On April 30, 2008, Cheminova notified EPA that for commercial reasons 
it will not develop the requested data to support the phosalone import 
tolerances. However, Cheminova urged the Agency to prevent trade 
irritants and consider that Canada is phasing out the use of phosalone. 
Health Canada's Pest Management Regulatory Agency (PMRA) has scheduled 
a last date of application for phosalone on apple; cherry; grape; 
peach; pear; and plum/prune as September 30, 2012, with the earliest 
date for amending (revoking) its MRLs as September 30, 2013. This 
information is found on PMRA's website at http://www.pmra-arla.gc.ca/
english/pdf/rev/rev2008-02-e.pdf. Therefore, EPA is proposing to revoke 
the tolerances in 40 CFR 180.263 on apple; cherry; grape; peach; pear; 
and plum, prune, fresh; each with an expiration date of September 30, 
2013. In addition, EPA is proposing to revoke the tolerances in 40 CFR 
180.263 on almond and apricot effective on the day of publication of 
the final rule in the Federal Register.
    In accordance with current Agency practice, EPA is proposing to 
revise 40 CFR 180.263 by adding separate paragraphs (b), (c), and (d), 
and reserving those sections for tolerances

[[Page 80326]]

with section 18 emergency exemptions, regional registrations, and 
indirect or inadvertent residues, respectively.
    There are Codex MRLs for residues of phosalone on almonds, pome 
fruits, and stone fruits.
    8. Phosmet, N-(Mercaptomethyl)phthalimide S-(O,O-dimethyl 
phosphorodithioate). Based on metabolism and cattle feeding data (0.2X 
(MTDB) that showed combined phosmet residues of concern in milk below 
the limit of quantitation (LOQ) of 0.05 ppm, EPA determined that a 
tolerance should be established on milk for phosmet residues of concern 
at the combined LOQ level of 0.1 ppm. Therefore, EPA is proposing to 
establish a tolerance on milk in 40 CFR 180.261(a) at 0.1 ppm.
    Based on available metabolism and cattle feeding data (1.1X MTDB) 
that showed combined phosmet residues of concern in or on meat and meat 
byproducts below the LOQ of 0.05 ppm, EPA determined that the 
tolerances on meat and meat byproducts of cattle, goats, horses, and 
sheep should be set at the combined LOQ of 0.1 ppm, and therefore 
decreased from 0.2 to 0.1 ppm. Consequently, EPA is proposing to 
decrease tolerances in 40 CFR 180.261(a) on cattle, meat; goat, meat; 
horse, meat; sheep, meat; cattle, meat byproducts; goat, meat 
byproducts; horse, meat byproducts; and sheep, meat byproducts, each to 
0.1 ppm.
    Based on a slightly exaggerated dermal application, EPA determined 
that combined phosmet residues of concern in or on cattle fat were 
below the combined LOQ and in order to reflect both secondary residues 
from feed and direct dermal application, the Agency determined that 
overall combined residues in or on cattle fat are expected to be <0.2 
ppm. However, phosmet is not registered for dermal application to 
goats, horses, and sheep, and the fat tolerances on goats, horses and 
sheep should be based on the cattle feeding data alone and set at a 
combined LOQ of 0.1 ppm, and therefore decreased from 0.2 to 0.1 ppm. 
Consequently, EPA is proposing to decrease the tolerances in 40 CFR 
180.261(a) on goat, fat; horse, fat; and sheep, fat to 0.1 ppm.
    Based on swine dermal treatment data that showed combined phosmet 
residues of concern in or on liver, kidney, and muscle from animals at 
the 1-day pre-slaughter interval, each below the combined LOQ of 0.04 
ppm, EPA determined that the tolerances on meat and meat byproducts of 
hogs should be decreased from 0.2 to 0.04 ppm. Consequently, EPA is 
proposing to decrease tolerances in 40 CFR 180.261(a) on hog, meat; and 
hog, meat byproducts, each to 0.04 ppm.
    Based on available storage stability data that showed no 
significant decline in residues after 343 days of freezer storage and 
field trial data that showed combined phosmet residues of concern in or 
on washed sweet potatoes as high as 11.2 ppm following postharvest 
treatment and 40-day storage, EPA determined that the tolerance on 
sweet potatoes should be increased from 10 to 12 ppm. Therefore, EPA is 
proposing to increase the tolerance in 40 CFR 180.261(a) on sweet 
potato, roots to 12 ppm. The Agency determined that the increased 
tolerance is safe; i.e., there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue.
    Based on available field trial data that showed combined phosmet 
residues of concern in or on succulent pea pods, and dry pea hay as 
high as 0.56 ppm and 17.3 ppm, respectively, EPA determined that the 
tolerance on field pea hay should be increased from 10 to 20 ppm, and 
the pea tolerance at 0.5 ppm should be revised and divided into pea, 
dry, seed at 0.5 ppm and pea, succulent, which should be increased from 
0.5 to 1 ppm. Therefore, EPA is proposing in 40 CFR 180.261(a) to 
increase the tolerance on pea, field, hay to 20 ppm and revise pea into 
pea, dry, seed at 0.5 ppm and pea, succulent at 1 ppm. The Agency 
determined that the increased tolerances are safe; i.e., there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue.
    Based on available field trial data that showed combined phosmet 
residues of concern below 20 ppm on alfalfa forage, EPA determined that 
the tolerance on alfalfa at 40 ppm should be revised and divided into 
alfalfa, hay at 40 ppm and alfalfa, forage, which should be decreased 
from 40 to 20 ppm. Therefore, EPA is proposing to revise the tolerance 
in 40 CFR 180.261(a) on alfalfa into alfalfa, hay at 40 ppm and 
alfalfa, forage at 20 ppm.
    Based on available processing data for cotton that showed phosmet 
residues of concern concentrated in cottonseed oil at 2X the treatment 
of cotton, EPA determined that a tolerance of 0.2 ppm should be 
established based on the existing tolerance of 0.1 ppm for cotton, 
undelinted seed. Therefore, EPA is proposing to establish a tolerance 
in 40 CFR 180.261(a) on cotton, refined oil at 0.2 ppm.
    Also, EPA is proposing to revise commodity terminology to conform 
to current Agency practice in 40 CFR 180.261(a) from ``fruit, citrus'' 
to ``fruit, citrus, group 10'' and ``nut'' to ``nut, tree, group 14.'' 
Moreover, in 40 CFR 180.261, EPA is proposing to remove the ``(N)'' 
designation from all entries to conform to current Agency 
administrative practice, where the ``(N)'' designation means negligible 
residues.
    There is compatibility between U.S. tolerances and Codex MRLs for 
residues of phosmet on apple at 10 mg/kg; apricot at 5 mg/kg; 
blueberries at 10 mg/kg; citrus fruits at 5 mg/kg; grapes at 10 mg/kg; 
nectarine at 5 mg/kg; peach at 10 mg/kg; pear at 10 mg/kg. In addition, 
there are Codex MRLs for residues of phosmet on tree nuts at 0.2 mg/kg 
and potato at 0.05 mg/kg.
    9. Primisulfuron-methyl. There have been no active registrations 
for use of primisulfuron-methyl on sweet corn for more than 10 years. 
Also, for at least 10 years, active registrations for primisulfuron-
methyl have shown a label prohibition of its use on sweet corn. 
Therefore, there is no longer a need for the sweet corn tolerance. 
Consequently, EPA is proposing to revoke the tolerance in 40 CFR 
180.452 on corn, sweet, kernel plus cob with husks removed.
    There are no Codex MRLs for residues of primisulfuron-methyl.
    10. Prothioconazole. Prothioconazole is a fungicide first 
registered for use in the United States in 2007. Therefore, it did not 
need to be reviewed under the reregistration or tolerance reassessment 
programs. However, current active registrations for the use of 
prothioconazole on peanuts have a label restriction against the feeding 
of peanut hay or threshings to livestock or grazing of livestock in 
treated areas. Based on these restrictions, the Agency has determined 
that the tolerance on peanut hay is no longer needed, and therefore 
should be revoked. Consequently, EPA is proposing to revoke the 
tolerance in 40 CFR 180.626(a)(1) on peanut, hay.
    There are no Codex MRLs for residues of prothioconazole.
    11. Thiabendazole. In the Federal Register of December 28, 2007 (72 
FR 73809) (FRL-8345-5), EPA issued a notice regarding EPA's 
announcement of the receipt of requests from registrants to voluntarily 
amend certain registrations for several active ingredients, including 
deletion of the last sugar beet uses from thiabendazole registrations. 
EPA approved the sugar beet use deletions for thiabendazole and made 
the last one effective on June 25, 2008, and permitted the registrants 
to sell and distribute product under the previously approved labeling 
for a period of 18 months after approval of the revision; i.e., until 
December 25, 2009. The Agency believes that end users will have had 
sufficient time to

[[Page 80327]]

exhaust existing stocks and for thiabendazole-treated sugar beet 
commodities to have cleared the channels of trade by December 25, 2010. 
Therefore, EPA is proposing to revoke the tolerances in 40 CFR 
180.242(a)(1) on beet, sugar, dried pulp; beet, sugar, roots; and beet, 
sugar, tops; each with an expiration/revocation date of December 25, 
2010.
    There are no Codex MRLs for residues of thiabendazole on sugar 
beets.

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

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, 
as amended by FQPA of 1996, Public Law 104-170, authorizes the 
establishment of tolerances, exemptions from tolerance requirements, 
modifications in tolerances, and revocation of tolerances for residues 
of pesticide chemicals in or on raw agricultural commodities and 
processed foods. Without a tolerance or exemption, food containing 
pesticide residues is considered to be unsafe and therefore 
``adulterated'' under section 402(a) of FFDCA, 21 U.S.C. 342(a). Such 
food may not be distributed in interstate commerce (21 U.S.C. 331(a)). 
For a food-use pesticide to be sold and distributed, the pesticide must 
not only have appropriate tolerances under the FFDCA, but also must be 
registered under FIFRA (7 U.S.C. 136 et seq.). Food-use pesticides not 
registered in the United States must have tolerances in order for 
commodities treated with those pesticides to be imported into the 
United States.
    EPA is proposing these tolerance actions to implement the tolerance 
recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of these processes, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of FQPA. The safety finding determination is discussed in 
detail in each post-FQPA RED and TRED for the active ingredient. REDs 
and TREDs recommend the implementation of certain tolerance actions, 
including modifications to reflect current use patterns, to meet safety 
findings, and change commodity names and groupings in accordance with 
new EPA policy. Printed and electronic copies of the REDs and TREDs are 
available as provided in Unit II.A.
    EPA has issued REDs for azinphos-methyl, disulfoton, 1-
naphthaleneacetic acid, phosmet, and thiabendazole, and TREDs for 
ethylene oxide and primisulfuron methyl. REDs and TREDs contain the 
Agency's evaluation of the database for these pesticides, including 
requirements for additional data on the active ingredients to confirm 
the potential human health and environmental risk assessments 
associated with current product uses, and in REDs state conditions 
under which these uses and products will be eligible for 
reregistration. The REDs and TREDs recommended the establishment, 
modification, and/or revocation of specific tolerances. RED and TRED 
recommendations such as establishing or modifying tolerances, and in 
some cases revoking tolerances, are the result of assessment under the 
FFDCA standard of ``reasonable certainty of no harm.'' However, 
tolerance revocations recommended in REDs and TREDs that are proposed 
in this document do not need such assessment when the tolerances are no 
longer necessary.
    EPA's general practice is to propose revocation of tolerances for 
residues of pesticide active ingredients on crops for which FIFRA 
registrations no longer exist and on which the pesticide may therefore 
no longer be used in the United States. EPA has historically been 
concerned that retention of tolerances that are not necessary to cover 
residues in or on legally treated foods may encourage misuse of 
pesticides within the United States. Nonetheless, EPA will establish 
and maintain tolerances even when corresponding domestic uses are 
canceled if the tolerances, which EPA refers to as ``import 
tolerances,'' are necessary to allow importation into the United States 
of food containing such pesticide residues. However, where there are no 
imported commodities that require these import tolerances, the Agency 
believes it is appropriate to revoke tolerances for unregistered 
pesticides in order to prevent potential misuse.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under section 408 of FFDCA, a tolerance may only be established or 
maintained if EPA determines that the tolerance is safe based on a 
number of factors, including an assessment of the aggregate exposure to 
the pesticide and an assessment of the cumulative effects of such 
pesticide and other substances that have a common mechanism of 
toxicity. In doing so, EPA must consider potential contributions to 
such exposure from all tolerances. If the cumulative risk is such that 
the tolerances in aggregate are not safe, then every one of these 
tolerances is potentially vulnerable to revocation. Furthermore, if 
unneeded tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances for residues 
on crops uses for which FIFRA registrations no longer exist, unless 
someone expresses a need for such tolerances. Through this proposed 
rule, the Agency is inviting individuals who need these import 
tolerances to identify themselves and the tolerances that are needed to 
cover imported commodities.
    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention. These parties 
should be aware that, under FFDCA section 408(f), if the Agency 
determines that additional information is reasonably required to 
support the continuation of a tolerance, EPA may require that parties 
interested in maintaining the tolerances provide the necessary 
information. If the requisite information is not submitted, EPA may 
issue an order revoking the tolerance at issue.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, consideration must be given to the possible 
residues of those chemicals in meat, milk, poultry, and/or eggs 
produced by animals that are fed agricultural products (for example, 
grain or hay) containing pesticides residues (40 CFR 180.6). When 
considering this possibility, EPA can conclude that:
    1. Finite residues will exist in meat, milk, poultry, and/or eggs.
    2. There is a reasonable expectation that finite residues will 
exist.
    3. There is a reasonable expectation that finite residues will not 
exist. If there is no reasonable expectation of finite pesticide 
residues in or on meat, milk, poultry, or eggs, tolerances do not need 
to be established for these commodities (40 CFR 180.6(b) and (c)).
    EPA has evaluated certain specific meat, milk, poultry, and egg 
tolerances proposed for revocation in this document and has concluded 
that there is no reasonable expectation of finite pesticide residues of 
concern in or on those commodities.

[[Page 80328]]

C. When Do These Actions Become Effective?

    With the exception of certain tolerances for azinphos-methyl, 
disulfoton, fenvalerate, phosalone, and thiabendazole for which EPA is 
proposing specific expiration/revocation dates, the Agency is proposing 
that these revocations, modifications, establishments of tolerances, 
and revisions of tolerance nomenclature become effective on the date of 
publication of the final rule in the Federal Register. With the 
exception of the proposed revocation of specific tolerances for 
azinphos-methyl, disulfoton, fenvalerate, phosalone, and thiabendazole, 
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. EPA is proposing expiration/revocation 
dates of October 30, 2009, for azinphos-methyl tolerances on almond; 
almond, hulls; pistachio; and walnut; September 30, 2012, for azinphos-
methyl tolerances on apple; crabapple; blueberry; cherry; parsley, 
leaves; parsley, turnip rooted, roots; and pear; October 14, 2009, for 
disulfoton tolerances on spinach and tomato; January 30, 2010, for 
disulfoton tolerances on barley, grain; barley, straw; grain, aspirated 
fractions; peanut; pepper; potato; wheat, hay; wheat, grain; wheat, 
straw; milk; and the fat, meat, and meat byproducts of cattle, goats, 
hogs, horses, and sheep; April 2, 2010, for most of the fenvalerate 
tolerances (as described in Unit II.A.); September 30, 2013, for 
phosalone tolerances on apple; cherry; grape; peach; pear; and plum, 
prune, fresh; and December 25, 2010, for thiabendazole tolerances on 
beet, sugar, dried pulp; beet, sugar, roots; and beet, sugar, tops. The 
Agency believes that these revocation dates allow users to exhaust 
stocks and allows sufficient time for passage of treated commodities 
through the channels of trade. However, if EPA is presented with 
information that existing stocks would still be available and that 
information is verified, the Agency will consider extending the 
expiration date of the tolerance. If you have comments regarding 
existing stocks and whether the effective date allows sufficient time 
for treated commodities to clear the channels of trade, please submit 
comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this 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(l)(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. Are the Proposed Actions Consistent with International 
Obligations?

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

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish tolerances 
under FFDCA section 408(e), and also modify and revoke specific 
tolerances established under FFDCA section 408. The Office of 
Management and Budget (OMB) has exempted these types of actions (e.g., 
establishment and modification of a tolerance and tolerance revocation 
for which extraordinary circumstances do not exist) from review under 
Executive Order 12866, entitled Regulatory Planning and Review (58 FR 
51735, October 4, 1993). Because this proposed rule has been exempted 
from review under Executive Order 12866 due to its lack of 
significance, this proposed rule is not subject to Executive Order 
13211, entitled Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). 
This proposed rule does not contain any information collections subject 
to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 
et seq., or impose any enforceable duty or contain any unfunded mandate 
as described under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Public Law 104-4). Nor does it require any special 
considerations as required by Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review 
or any other Agency action under Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). This action does not involve any 
technical standards that would require Agency consideration of 
voluntary consensus standards pursuant to section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously 
assessed whether establishment of tolerances, exemptions from 
tolerances, raising of tolerance levels, expansion of exemptions, or 
revocations might significantly impact a substantial number of small 
entities and concluded that, as a general matter, these actions do not 
impose a significant economic impact on a substantial number of small 
entities. These analyses for tolerance establishments and 
modifications, and for tolerance revocations were published on May 4, 
1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020) (FRL-5753-1), 
respectively, and were provided to the Chief Counsel for Advocacy of 
the Small Business Administration. Taking into account this analysis, 
and available

[[Page 80329]]

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 proposal that would change the EPA's 
previous analysis. Any comments about the Agency's determination should 
be submitted to the EPA along with comments on the proposal, and will 
be addressed prior to issuing a final rule. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This 
proposed rule directly regulates growers, food processors, food 
handlers, and food retailers, not States. This action does not alter 
the relationships or distribution of power and responsibilities 
established by Congress in the preemption provisions of section 
408(n)(4) of FFDCA. For these same reasons, the Agency has determined 
that this proposed rule does not have any ``tribal implications'' as 
described in Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 9, 
2000). Executive Order 13175, requires EPA to develop an accountable 
process to ensure ``meaningful and timely input by tribal officials in 
the development of regulatory policies that have tribal implications.'' 
``Policies that have tribal implications'' is defined in the Executive 
order to include regulations that have ``substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
Government and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.'' 
This proposed rule will not have substantial direct effects on tribal 
governments, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this proposed rule.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: December 22, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 180--[AMENDED]

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

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


Sec.  180.3  [Amended]

    2. Section 180.3 is amended by removing paragraph (d)(7) and 
redesignating paragraphs (d)(8) through (d)(13) as paragraphs (d)(7) 
through (d)(12), respectively.
    3. Section 180.151 is amended by revising the table in paragraph 
(a)(1) and by revising paragraph (a)(2) to read as follows:


Sec.  180.151  Ethylene oxide; tolerances for residues.

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

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Herb and spice, group 19, dried, except basil..............            7
Vegetable, dried...........................................            7
Walnut.....................................................           50
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the ethylene oxide 
reaction product, 2-chloroethanol, commonly referred to as ethylene 
chlorohydrin, when ethylene oxide is used as a postharvest fumigant in 
or on food commodities as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Herb and spice, group 19, dried, except basil..............          940
Vegetable, dried...........................................          940
------------------------------------------------------------------------

* * * * *
    4. Section 180.154 is amended by revising the section heading and 
the table in paragraph (a) to read as follows:


Sec. 180.154  Azinphos-methyl; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                    Commodity                     Parts per   Revocation
                                                   million       Date
------------------------------------------------------------------------
Almond..........................................        0.2    10/30/09
Almond, hulls...................................        5.0    10/30/09
Apple...........................................        1.5     9/30/12
Blueberry.......................................        5.0     9/30/12
Cherry..........................................        2.0     9/30/12
Crabapple.......................................        1.5     9/30/12
Parsley, leaves.................................        5.0     9/30/12
Parsley, turnip rooted, roots...................        2.0     9/30/12
Pear............................................        1.5     9/30/12
Pistachio.......................................        0.3    10/30/09
Walnut..........................................        0.3    10/30/09
------------------------------------------------------------------------

* * * * *
    5. Section 180.155 is revised to read as follows:


Sec.  180.155  1-Naphthaleneacetic acid; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the plant growth regulator 1-naphthaleneacetic acid and its 
conjugates calculated as 1-naphthaleneacetic acid from the application 
of 1-naphthaleneacetic acid, its ammonium, sodium, or potassium salts, 
ethyl ester, and acetamide in or on food commodities as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cherry, sweet..............................................          0.1
Fruit, pome, group 11......................................          0.1
Olive......................................................          0.7
Orange.....................................................          0.1
Pineapple \1\..............................................         0.05
Tangerine..................................................          0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations since 1988.

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

[[Page 80330]]

    6. Section 180.183 is amended by revising paragraph (a) and 
paragraph (c) to read as follows:


Sec.  180.183  O,O-Diethyl S-[2-(ethylthio)ethyl] phosphorodithioate; 
tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the insecticide disulfoton, O,O-diethyl S-[2-(ethylthio)ethyl] 
phosphorodithioate; demeton-S, O,O-diethyl S-[2-(ethylthio)ethyl] 
phosphorothioate; disulfoton sulfoxide, O,O-diethyl S-[2-
(ethylsulfinyl)ethyl] phosphorodithioate; disulfoton oxygen analog 
sulfoxide, O,O-diethyl S-[2-(ethylsulfinyl)ethyl] phosphorothioate; 
disulfoton sulfone, O,O-diethyl S-[2-(ethylsulfonyl)ethyl] 
phosphorodithioate; and disulfoton oxygen analog sulfone, O,O-diethyl 
S-[2-(ethylsulfonyl)ethyl] phosphorothioate; calculated as disulfoton, 
in or on food commodities as follows:

------------------------------------------------------------------------
                                                             Expiration/
                    Commodity                     Parts per   Revocation
                                                   million       Date
------------------------------------------------------------------------
Barley, grain...................................        0.2     1/30/10
Barley, straw...................................        5.0     1/30/10
Bean, lima......................................       0.75        None
Bean, snap, succulent...........................       0.75        None
Broccoli........................................       0.75        None
Brussels sprouts................................       0.75        None
Cabbage.........................................       0.75        None
Cattle, fat.....................................       0.05     1/30/10
Cattle, meat....................................       0.05     1/30/10
Cattle, meat byproducts.........................       0.05     1/30/10
Cauliflower.....................................       0.75        None
Coffee, bean....................................        0.2        None
Cotton, undelinted seed.........................       0.75        None
Goat, fat.......................................       0.05     1/30/10
Goat, meat......................................       0.05     1/30/10
Goat, meat byproducts...........................       0.05     1/30/10
Grain, aspirated fractions......................        0.3     1/30/10
Hog, fat........................................       0.05     1/30/10
Hog, meat.......................................       0.05     1/30/10
Hog, meat byproducts............................       0.05     1/30/10
Horse, fat......................................       0.05     1/30/10
Horse, meat.....................................       0.05     1/30/10
Horse, meat byproducts..........................       0.05     1/30/10
Lettuce, head...................................       0.75        None
Lettuce, leaf...................................          2        None
Milk............................................       0.01     1/30/10
Peanut..........................................        0.1     1/30/10
Pepper..........................................        0.1     1/30/10
Potato..........................................        0.5     1/30/10
Sheep, fat......................................       0.05     1/30/10
Sheep, meat.....................................       0.05     1/30/10
Sheep, meat byproducts..........................       0.05     1/30/10
Spinach.........................................       0.75    10/14/09
Tomato..........................................       0.75    10/14/09
Wheat, grain....................................        0.2     1/30/10
Wheat, hay......................................        5.0     1/30/10
Wheat, straw....................................        5.0     1/30/10
------------------------------------------------------------------------

* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration are established for the combined residues of the 
insecticide disulfoton, O,O-diethyl S-[2-(ethylthio)ethyl] 
phosphorodithioate; demeton-S, O,O-diethyl S-[2-(ethylthio)ethyl] 
phosphorothioate; disulfoton sulfoxide, O,O-diethyl S-[2-
(ethylsulfinyl)ethyl] phosphorodithioate; disulfoton oxygen analog 
sulfoxide, O,O-diethyl S-[2-(ethylsulfinyl)ethyl] phosphorothioate; 
disulfoton sulfone, O,O-diethyl S-[2-(ethylsulfonyl)ethyl] 
phosphorodithioate; and disulfoton oxygen analog sulfone, O,O-diethyl 
S-[2-(ethylsulfonyl)ethyl] phosphorothioate; calculated as disulfoton, 
in or on food commodities as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Asparagus..................................................          0.1
------------------------------------------------------------------------

* * * * *
    7. Section 180.242 is amended by revising the table in paragraph 
(a)(1) to read as follows:


Sec. 180.242  Thiabendazole; tolerances for residues.

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

------------------------------------------------------------------------
                                                             Expiration/
                    Commodity                     Parts per   Revocation
                                                   million       Date
------------------------------------------------------------------------
Apple, wet pomace...............................       12.0        None
Avocado \1\.....................................       10.0        None
Banana, postharvest.............................        3.0        None
Bean, dry, seed.................................        0.1        None
Beet, sugar, dried pulp.........................        3.5    12/25/10
Beet, sugar, roots..............................       0.25    12/25/10
Beet, sugar, tops...............................       10.0    12/25/10
Cantaloupe \1\..................................       15.0        None
Carrot, roots, postharvest......................       10.0        None
Citrus, oil.....................................       15.0        None
Fruit, citrus, group 10, postharvest............       10.0        None
Fruit, pome, group 11, postharvest..............        5.0        None
Mango...........................................       10.0        None
Mushroom........................................       40.0        None
Papaya, postharvest.............................        5.0        None
Potato, postharvest.............................       10.0        None
Soybean.........................................        0.1        None
Strawberry \1\..................................        5.0        None
Sweet potato (postharvest to sweet potato              0.05        None
 intended only for use as seed).................
Wheat, grain....................................        1.0        None
Wheat, straw....................................        1.0        None
------------------------------------------------------------------------
\1\ There are no U.S. registrations on the indicated commodity.

* * * * *
    8. Section 180.261 is amended by revising the table in paragraph 
(a) to read as follows:


Sec. 180.261  N-Mercaptomethyl phthalimide S-(O,O-dimethyl 
phosphorodithioate) and its oxygen analog; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................           20
Alfalfa, hay...............................................           40
Almond, hulls..............................................           10
Apple......................................................           10
Apricot....................................................            5
Blueberry..................................................           10
Cattle, fat................................................          0.2
Cattle, meat...............................................          0.1
Cattle, meat byproducts....................................          0.1
Cherry.....................................................           10
Cotton, refined oil........................................          0.2
Cotton, undelinted seed....................................          0.1
Cranberry..................................................           10
Fruit, citrus, group 10....................................            5
Goat, fat..................................................          0.1
Goat, meat.................................................          0.1
Goat, meat byproducts......................................          0.1
Grape......................................................           10
Hog, fat...................................................          0.2
Hog, meat..................................................         0.04
Hog, meat byproducts.......................................         0.04
Horse, fat.................................................          0.1
Horse, meat................................................          0.1
Horse, meat byproducts.....................................          0.1
Kiwifruit..................................................           25
Milk.......................................................          0.1
Nectarine..................................................            5
Nut, tree, group 14........................................          0.1
Pea, dry, seed.............................................          0.5
Pea, field, hay............................................           20
Pea, field, vines..........................................           10
Pea, succulent.............................................            1
Peach......................................................           10
Pear.......................................................           10
Plum, prune, fresh.........................................            5
Potato.....................................................          0.1
Sheep, fat.................................................          0.1
Sheep, meat................................................          0.1
Sheep, meat byproducts.....................................          0.1
Sweet potato, roots........................................           12
------------------------------------------------------------------------

* * * * *
    9. Section 180.263 is revised to read as follows:

[[Page 80331]]

Sec. 180.263  Phosalone; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide phosalone, S-(6-chloro-3-(mercaptomethyl)-2-
benzoxazolinone) O,O-diethyl phosphorodithioate, in or on the following 
food commodities:

------------------------------------------------------------------------
                                                             Expiration/
                    Commodity                     Parts per   Revocation
                                                   million       Date
------------------------------------------------------------------------
Apple \1\.......................................       10.0      9/30/13
Cherry \1\......................................       15.0      9/30/13
Grape \1\.......................................       10.0      9/30/13
Peach \1\.......................................       15.0      9/30/13
Pear \1\........................................       10.0      9/30/13
Plum, prune, fresh \1\..........................       15.0      9/30/13
------------------------------------------------------------------------
\1\ There are no U.S. registrations since 1992.

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


Sec.  180.309  [Removed]

    10. Section 180.309 is removed.
    11. Section 180.379 is revised to read as follows:


Sec. 180.379  Fenvalerate; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide fenvalerate, cyano(3-phenoxyphenyl)methyl-4-chloro-[alpha]-
(1-methylethyl)benzeneacetate, in or on food commodities as follows:

------------------------------------------------------------------------
                                                             Expiration/
                    Commodity                     Parts per   Revocation
                                                   million       Date
------------------------------------------------------------------------
Almond..........................................        0.2      4/2/10
Almond, hulls...................................       15.0      4/2/10
Apple...........................................        2.0      4/2/10
Artichoke, globe................................        0.2      4/2/10
Bean, dry, seed.................................       0.25      4/2/10
Bean, snap, succulent...........................        2.0      4/2/10
Broccoli........................................        2.0      4/2/10
Blueberry.......................................        3.0      4/2/10
Cabbage.........................................       10.0      4/2/10
Caneberry subgroup 13A..........................        3.0      4/2/10
Cantaloupe......................................        1.0      4/2/10
Carrot, roots...................................        0.5      4/2/10
Cattle, fat.....................................        1.5      4/2/10
Cattle, meat....................................        1.5      4/2/10
Cattle, meat byproducts.........................        1.5      4/2/10
Cauliflower.....................................        0.5      4/2/10
Collards........................................       10.0      4/2/10
Corn, field, forage.............................       50.0      4/2/10
Corn, field, grain..............................       0.02      4/2/10
Corn, field, stover.............................       50.0      4/2/10
Corn, pop, grain................................       0.02      4/2/10
Corn, pop, stover...............................       50.0      4/2/10
Corn, sweet, forage.............................       50.0      4/2/10
Corn, sweet, kernel plus cob with husks removed.        0.1      4/2/10
Corn, sweet, stover.............................       50.0      4/2/10
Cotton, undelinted seed.........................        0.2      4/2/10
Cucumber........................................        0.5      4/2/10
Currant.........................................        3.0      4/2/10
Eggplant........................................        1.0      4/2/10
Elderberry......................................        3.0      4/2/10
Fruit, stone, group 12..........................       10.0      4/2/10
Goat, fat.......................................        1.5      4/2/10
Goat, meat......................................        1.5      4/2/10
Goat, meat byproducts...........................        1.5      4/2/10
Gooseberry......................................        3.0      4/2/10
Hazelnut........................................        0.2      4/2/10
Hog, fat........................................        1.5      4/2/10
Hog, meat.......................................        1.5      4/2/10
Hog, meat byproducts............................        1.5      4/2/10
Horse, fat......................................        1.5      4/2/10
Horse, meat.....................................        1.5      4/2/10
Horse, meat byproducts..........................        1.5      4/2/10
Huckleberry.....................................        3.0      4/2/10
Melon, honeydew.................................        1.0      4/2/10
Milk............................................        0.3      4/2/10
Milk, fat.......................................        7.0      4/2/10
Muskmelon.......................................        1.0      4/2/10
Pea.............................................        1.0      4/2/10
Pea, dry, seed..................................       0.25      4/2/10
Peanut..........................................       0.02      4/2/10
Pear............................................        2.0      4/2/10
Pecan...........................................        0.2      4/2/10
Pepper..........................................        1.0      4/2/10
Potato..........................................       0.02      4/2/10
Pumpkin.........................................        1.0      4/2/10
Radish, roots...................................        0.3      4/2/10
Radish, tops....................................        8.0      4/2/10
Sheep, fat......................................        1.5      4/2/10
Sheep, meat.....................................        1.5      4/2/10
Sheep, meat byproducts..........................        1.5      4/2/10
Soybean, seed...................................       0.05      4/2/10
Squash, summer..................................        0.5      4/2/10
Squash, winter..................................        1.0      4/2/10
Sugarcane, cane.................................        2.0      4/2/10
Sunflower, seed.................................        1.0      4/2/10
Tomato..........................................        1.0      4/2/10
Turnip, roots...................................        0.5      4/2/10
Turnip, tops....................................       20.0      4/2/10
Walnut..........................................        0.2      4/2/10
Watermelon......................................        1.0      4/2/10
------------------------------------------------------------------------

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


Sec.  180.452  [Amended]

    12. Section 180.452 is amended by removing from the table in 
paragraph (a) the entry ``corn, sweet, kernel plus cob with husks 
removed.''
    13. Section 180.533 is amended by revising paragraph (a) and adding 
paragraph (c) to read as follows:


Sec. 180.533  Esfenvalerate; tolerances for residues.

    (a) General. (1) Tolerances are established for the combined 
residues of the insecticide esfenvalerate, (S)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-
[alpha]-(1-methylethyl)benzeneacetate and (R)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, in or on food commodities as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Almond.....................................................          0.2
Almond, hulls..............................................          5.0
Apple......................................................          1.0
Artichoke, globe...........................................          1.0
Bean, dry, seed............................................         0.25
Bean, snap, succulent......................................          1.0
Beet, sugar, roots.........................................         0.05
Beet, sugar, tops..........................................          5.0
Blueberry..................................................          1.0
Broccoli...................................................          1.0
Cabbage, except chinese cabbage............................          3.0
Caneberry subgroup 13A.....................................          1.0
Cantaloupe.................................................          0.5
Carrot, roots..............................................          0.5
Cattle, fat................................................          1.5
Cattle, meat...............................................          1.5
Cattle, meat byproducts....................................          1.5
Cauliflower................................................          0.5
Collards...................................................          3.0
Corn, field, forage........................................         15.0
Corn, field, grain.........................................         0.02
Corn, field, stover........................................         15.0
Corn, pop, grain...........................................         0.02
Corn, pop, stover..........................................         15.0
Corn, sweet, forage........................................         15.0
Corn, sweet, kernel plus cob with husks removed............          0.1
Corn, sweet, stover........................................         15.0
Cotton, undelinted seed....................................          0.2
Cucumber...................................................          0.5
Egg........................................................         0.03
Eggplant...................................................          0.5
Elderberry.................................................          1.0
Fruit, stone, group 12.....................................          3.0
Goat, fat..................................................          1.5
Goat, meat.................................................          1.5
Goat, meat byproducts......................................          1.5
Gooseberry.................................................          1.0
Hazelnut...................................................          0.2
Hog, fat...................................................          1.5
Hog, meat..................................................          1.5
Hog, meat byproducts.......................................          1.5
Horse, fat.................................................          1.5
Horse, meat................................................          1.5
Horse, meat byproducts.....................................          1.5
Kiwifruit..................................................          0.5
Lentil, seed...............................................         0.25
Melon, honeydew............................................          0.5
Milk.......................................................          0.3
Milk, fat..................................................          7.0
Muskmelon..................................................          0.5
Mustard greens.............................................          5.0
Pea, dry, seed.............................................         0.25
Pea, succulent.............................................          0.5

[[Page 80332]]


Peanut.....................................................         0.02
Pear.......................................................          1.0
Pecan......................................................          0.2
Pepper.....................................................          0.5
Potato.....................................................         0.02
Poultry, fat...............................................          0.3
Poultry, liver.............................................         0.03
Poultry, meat..............................................         0.03
Poultry, meat byproducts, except liver.....................          0.3
Pumpkin....................................................          0.5
Radish, roots..............................................          0.3
Radish, tops...............................................          3.0
Sheep, fat.................................................          1.5
Sheep, meat................................................          1.5
Sheep, meat byproducts.....................................          1.5
Sorghum, forage............................................         10.0
Sorghum, grain, grain......................................          5.0
Sorghum, grain, stover.....................................         10.0
Soybean, seed..............................................         0.05
Squash, summer.............................................          0.5
Squash, winter.............................................          0.5
Sugarcane, cane............................................          1.0
Sunflower, seed............................................          0.5
Sweet potato, roots........................................         0.05
Tomato.....................................................          0.5
Turnip, roots..............................................          0.5
Turnip, tops...............................................          7.0
Walnut.....................................................          0.2
Watermelon.................................................          0.5
------------------------------------------------------------------------

    (2) A tolerance of 0.05 ppm on raw agricultural food commodities 
(other than those food commodities already covered by a higher 
tolerance as a result of use on growing crops) is established for the 
combined residues of the insecticide esfenvalerate, (S)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, its non-racemic isomer, (R)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and its diastereomers (S)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-
[alpha]-(1-methylethyl)benzeneacetate and (R)-cyano(3-
phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
as a result of the use of esfenvalerate in food-handling 
establishments.
* * * * *
    (c) Tolerances with regional registrations. Tolerances with 
regional registration are established for the combined residues of the 
insecticide esfenvalerate, (S)-cyano(3-phenoxyphenyl)methyl-(S)-4-
chloro-[alpha]-(1-methylethyl)benzeneacetate, its non-racemic isomer, 
(R)-cyano(3-phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate and its diastereomers (S)-cyano(3-
phenoxyphenyl)methyl-(R)-4-chloro-[alpha]-(1-methylethyl)benzeneacetate 
and (R)-cyano(3-phenoxyphenyl)methyl-(S)-4-chloro-[alpha]-(1-
methylethyl)benzeneacetate, in or on food commodities as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cabbage, chinese, bok choy.................................          1.0
Kohlrabi...................................................          2.0
Lettuce, head..............................................          5.0
------------------------------------------------------------------------

* * * * *


Sec.  180.626  [Amended]

    14. Section 180.626 is amended by removing the entry for peanut, 
hay from the table in paragraph (a)(1).
[FR Doc. E8-31182 Filed 12-30-08; 8:45 am]

BILLING CODE 6560-50-S
