[Federal Register: July 28, 2010 (Volume 75, Number 144)]
[Proposed Rules]
[Page 44184-44198]
[DOCID:fr28jy10-31]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2010-0490; FRL-8834-1]

Aluminum tris(O-ethylphosphonate), Butylate, Chlorethoxyfos,
Clethodim, et al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In accordance with current Agency practice to describe more
clearly the measurement and scope or coverage of the tolerances, EPA is
proposing minor revisions to tolerance expressions for a number of
pesticide active ingredients, including the insecticides
chlorethoxyfos, clofentezine, cyromazine, etofenprox, fenbutatin-oxide,
fosthiazate, propetamphos, and tebufenozide; the fungicides aluminum
tris(O-ethylphosphonate) and fenarimol; the herbicides butylate,
clethodim, clomazone, fenoxaprop-ethyl, flumetsulam, flumiclorac
pentyl, fluridone, fomesafen, glufosinate ammonium, lactofen,
propyzamide, quinclorac, and pyridate; and the fungicide/bactericide
oxytetracycline. Also, EPA is proposing to revoke the tolerances for
aluminum tris(O-ethylphosphonate) on pineapple fodder and forage
because they are not considered to be significant livestock feed items,
and revise specific tolerance nomenclatures for aluminum tris(O-
ethylphosphonate), clethodim, flumetsulam, and fluridone. In addition,
EPA will be removing several expired tolerances for aluminum tris(O-
ethylphosphonate), etofenprox, propyzamide, and tebufenozide.

DATES: Comments must be received on or before September 27, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0490, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the oN-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0490. EPA's policy is that all comments received will be included
in the docket without change and may be made available oN-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly

to EPA without going through regulations.gov, your e-mail address will
be automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available 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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Pesticide Re-evaluation
Division (7508P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
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
the Federal Food, Drug, and Cosmetic Act (FFDCA) section 408(f), if
needed. The order would specify data needed and the timeframes for its
submission, and would require that within 90 days some person or
persons notify EPA that they will submit the data. If the data are not
submitted as required in the order, EPA will take appropriate action
under FFDCA.
    EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the
specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    In accordance with current Agency practice to describe more clearly
the measurement and scope or coverage of tolerances, including
applicable metabolites and degradates, EPA is proposing minor revisions
to tolerance expressions for a number of pesticide active ingredients,
including the insecticides chlorethoxyfos, clofentezine, cyromazine,
etofenprox, fenbutatin-oxide, fosthiazate, propetamphos, and
tebufenozide; the fungicides aluminum tris(O-ethylphosphonate) and
fenarimol; the herbicides butylate, clethodim, clomazone, fenoxaprop-
ethyl, flumetsulam, flumiclorac pentyl, fluridone, fomesafen,
glufosinate ammonium, lactofen, propyzamide, quinclorac, and pyridate;
and the fungicide/bactericide oxytetracycline. Also, EPA is proposing
to revoke the tolerances for aluminum tris(O-

ethylphosphonate) on pineapple fodder and forage because they are not
considered to be significant livestock feed items, and therefore are no
longer needed, and revise specific tolerance nomenclatures for aluminum
tris(O-ethylphosphonate), clethodim, flumetsulam, and fluridone.
Additional minor modifications are being made for reasons described in
the discussion below pertaining to specific pesticides. It is EPA's
general practice to propose revocation of those tolerances/tolerance
exemptions for residues of pesticide active ingredients on crop uses
for which there are no active registrations under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), unless any person
submits comments on the proposal that indicate a need for the tolerance
to cover residues in or on imported commodities or legally treated
domestic commodities. In addition, EPA will be removing several expired
tolerances for aluminum tris(O-ethylphosphonate), etofenprox,
propyzamide, and tebufenozide.
    Certain tolerances pertaining to the pesticides subject to this
proposal have expired due to previous EPA regulation setting expiration
dates. When the Agency finalizes the changes proposed in this document,
EPA will also remove the expired tolerances from the Code of Federal
Regulations. The amended regulatory text below reflects removal of the
tolerances. The Agency is not accepting comments regarding the expired
tolerances.
    1. Aluminum tris(O-ethylphosphonate). In order to describe more
clearly the measurement and scope or coverage of the tolerances, EPA is
proposing to revise the introductory text containing the tolerance
expression in 40 CFR 180.415(a) to read as follows:
    Tolerances are established for residues of the fungicide
aluminum tris(O-ethylphosphonate), including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only aluminum tris(O-
ethylphosphonate), in or on the commodity.

    Because pineapple, fodder and pineapple, forage are no longer
considered by the Agency to be significant livestock feed items as
delineated in ``Table 1. - Raw Agricultural and Processed Commodities
and Feedstuffs Derived from Crops,'' which is found under OCSPP
Harmonized Test Guidelines for Residue Chemistry in 860.1000 dated
August 1996 (available at http://www.epa.gov/ocspp/pubs/frs/
publications/Test_Guidelines/series860.htm), EPA determined that these
tolerances in 40 CFR 180.415(a) are no longer needed, and therefore
should be revoked. Consequently, EPA is proposing to revoke the
tolerances in 40 CFR 180.415(a) on pineapple, fodder and pineapple,
forage.
    In addition, EPA is proposing to revise commodity terminology to
conform to current Agency practice in 40 CFR 180.415(a) as follows:
``fruit, pome'' to ``fruit, pome, group 11.''
    In order to describe more clearly the measurement and scope or
coverage of the tolerances, EPA is proposing to revise the introductory
text containing the tolerance expression in 40 CFR 180.415(c) to read
as follows:
    Tolerances with regional registration are established for
residues of the fungicide aluminum tris(O-ethylphosphonate),
including its metabolites and degradates, in or on the commodities
in the table in this paragraph. Compliance with the tolerance levels
specified in this paragraph is to be determined by measuring only
aluminum tris(O-ethylphosphonate), in or on the commodity.

    2. Butylate. In order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.232(a) to read as follows:
    Tolerances are established for residues of the herbicide
butylate, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only butylate, S-ethyl bis(2-methylpropyl)carbamothioate,
in or on the commodity.

    3. Chlorethoxyfos. In order to describe more clearly the
measurement and scope or coverage of the tolerances, EPA is proposing
to revise the section heading in 40 CFR 180.486 from phosphorothioic
acid, O,O-diethyl O-(1,2,2,2-tetrachloroethyl) ester to chlorethoxyfos,
redesignate the existing paragraph from 40 CFR 180.486 to 180.486(a),
and revise the introductory text containing the tolerance expression in
newly designated 40 CFR 180.486(a) to read as follows:
    Tolerances are established for residues of the insecticide
chlorethoxyfos, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only chlorethoxyfos, O,O-diethyl O-(1,2,2,2-
tetrachloroethyl) phosphorothioate, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to
revise 40 CFR 180.486 by adding separate paragraphs (b), (c), and (d),
and reserving those paragraphs for tolerance exemptions for section 18
emergency exemptions, tolerances with regional registrations, and
tolerances with indirect or inadvertent residues, respectively.
    4. Clethodim. In order to harmonize with Codex and describe more
clearly the measurement and scope or coverage of the tolerances, EPA is
proposing that all the existing animal and plant tolerances for
clethodim in 40 CFR 180.458(a)(1), 180.458(a)(2), and 180.458(a)(3) be
expressed under the same tolerance expression in one paragraph, as 40
CFR 180.458(a), to read as follows:
    Tolerances are established for residues of the herbicide
clethodim, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of clethodim, 2-[(1E)-1-[[[(2E)-3-chloro-2-
propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and
sulphones, calculated as the stoichiometric equivalent of clethodim,
in or on the commodity.

    Also, EPA is proposing to revise commodity terminology to conform
to current Agency practice in newly designated 40 CFR 180.458(a) from
``flax seed'' to ``flax, seed'' and ``vegetable, legume group 6, except
soybean'' to ``vegetable, legume, group 6, except soybean.''
    5. Clofentezine. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.446(a)(1) to read as follows:
    Tolerances are established for residues of the insecticide
clofentezine, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-
tetrazine, in or on the commodity.

    In order to describe more clearly the measurement and scope or
coverage of the tolerances, EPA is proposing to revise the introductory
text containing the tolerance expression in 40 CFR 180.446(a)(2) to
read as follows:
    Tolerances are established for residues of the insecticide
clofentezine, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be

determined by measuring only the sum of clofentezine, 3,6-bis(2-
chlorophenyl)-1,2,4,5-tetrazine, and its metabolite, 3-(2-chloro-4-
hydroxyphenyl)-6-(2-chlorophenyl)-1,2,4,5-tetrazine, calculated as
the stoichiometric equivalent of clofentezine, in or on the
commodity.

    6. Clomazone. In order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.425(a) to read as follows:
    Tolerances are established for residues of the herbicide
clomazone, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only clomazone, 2-(2-chlorophenyl)methyl-4,4-dimethyl-3-
isoxazolidinone, in or on the commodity.

    7. Cyromazine. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.414(a)(1) to read as follows:
    Tolerances are established for residues of the insecticide
cyromazine, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-
triamine, in or on the commodity.

    Also, in order to describe more clearly the measurement and scope
or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.414(a)(2) and remove existing subparagraphs (a)(2)(i), (a)(2)(ii),
(a)(2)(iii), (a)(2)(iv), and (a)(2)(v). The revised paragraph (a)(2)
reads as follows:
    A tolerance of 5.0 parts per million is established for residues
of the insecticide cyromazine, including its metabolites and
degradates, in or on poultry feed when used as a feed additive only
in feed for chicken layer hens and chicken breeder hens at the rate
of not more than 0.01 pound of cyromazine per ton of poultry feed
for control of flies in manure of treated chicken layer hens and
chicken breeder hens, provided the feeding of cyromazine-treated
feed must stop at least 3 days (72 hours) before slaughter. If the
feed is formulated by any person other than the end user, the
formulator must inform the end user, in writing, of the 3-day (72
hours) pre-slaughter interval. Compliance with the tolerance level
specified in this paragraph is to be determined by measuring only
cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on
the commodity.

    In addition, in order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.414(d) to read as follows:
    Tolerances are established for the indirect or inadvertent
residues of the insecticide cyromazine, including its metabolites
and degradates, in or on the commodities in the table in this
paragraph when present therein as a result of the application of
cyromazine to growing crops listed in paragraph (a)(1) of this
section. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only cyromazine, N-
cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity.

    8. Etofenprox. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.620(a) to read as follows:
    A tolerance is established for residues of the insecticide
etofenprox, including its metabolites and degradates, in or on the
commodity in the table in this paragraph. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only etofenprox, 2-(4-ethoxyphenyl)-2-methylpropyl 3-
phenoxybenzyl ether, in or on the commodity.

    9. Fenarimol. In order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.421(a) to read as follows:
    Tolerances are established for residues of the fungicide
fenarimol, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only fenarimol, alpha-(2-chlorophenyl)-alpha-(4-
chlorophenyl)-5-pyrimidinemethanol, in or on the commodity.

    10. Fenbutatin-oxide. In order to describe more clearly the
measurement and scope or coverage of the tolerances, EPA is proposing
to revise the section heading in 40 CFR 180.362 from hexakis (2-methyl-
2-phenylpropyl)distannoxane to fenbutatin-oxide and revise the
introductory text containing the tolerance expression in 40 CFR
180.362(a)(1) to read as follows:
    Tolerances are established for residues of the miticide/
acaricide fenbutatin-oxide, including its metabolites and
degradates, in or on the plant commodities in the table in this
paragraph. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only fenbutatin-oxide,
hexakis (2-methyl-2-phenylpropyl)distannoxane, in or on the
commodity.

    In order to describe more clearly the measurement and scope or
coverage of the tolerances, EPA is proposing to revise the introductory
text containing the tolerance expression in 40 CFR 180.362(a)(2) to
read as follows:
    Tolerances are established for residues of the miticide/
acaricide fenbutatin-oxide, including its metabolites and
degradates, in or on the animal commodities in the table in this
paragraph. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only the sum of
fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl)distannoxane, and
its organotin metabolites, dihydroxybis(2-methyl-2-
phenylpropyl)stannane and 2-methyl-2-phenylpropylstannoic acid,
calculated as the stoichiometric equivalent of fenbutatin-oxide, in
or on the commodity.

    In the May 2002 Tolerance Reassessment Decision (TRED) for
fenbutatin-oxide, EPA determined that in order to better harmonize with
Codex Alimentarius, the tolerance expression for plant commodities
should include the parent compound only for compliance. Currently,
there is one regional tolerance in 40 CFR 180.362(c) for residues of
the parent compound and its organotin metabolites calculated as the
parent compound in or on raspberry. Therefore, in order to better
harmonize with Codex and describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.362(c) to read as follows:
    A tolerance with regional registration is established for
residues of the miticide/acaricide fenbutatin-oxide, including its
metabolites and degradates, in or on the plant commodity in the
table in this paragraph. Compliance with the tolerance level
specified in this paragraph is to be determined by measuring only
fenbutatin-oxide, hexakis (2-methyl-2-phenylpropyl)distannoxane, in
or on the commodity.

    11. Fenoxaprop-ethyl. In order to describe more clearly the
measurement and scope or coverage of the tolerances, EPA is proposing
to revise the introductory text containing the tolerance expression in
40 CFR 180.430(a) to read as follows:
    Tolerances are established for residues of the herbicide
fenoxaprop-ethyl, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of fenoxaprop-ethyl, ()-ethyl 2-
[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoate, and its
metabolites, 2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic
acid and 6-chloro-2,3-dihydrobenzoxazol-2-one, calculated as the
stoichiometric equivalent of fenoxaprop-ethyl, in or on the
commodity.

    Also, in order to describe more clearly the measurement and scope
or coverage

of the tolerances, EPA is proposing to revise the introductory text
containing the tolerance expression in 40 CFR 180.430(b) to read as
follows:
    Time-limited tolerances are established for residues of the
herbicide fenoxaprop-ethyl, including its metabolites and
degradates, in or on the commodities in the table in this paragraph
in connection with use of fenoxaprop-ethyl under section 18
emergency exemptions granted by EPA. Compliance with the tolerance
levels specified in this paragraph is to be determined by measuring
only the sum of fenoxaprop-ethyl, ()-ethyl 2-[4-[(6-
chloro-2-benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites,
2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-
chloro-2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric
equivalent of fenoxaprop-ethyl, in or on the commodity. The
tolerances expire and are revoked on the dates specified in the
table in this paragraph.

    12. Flumetsulam. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to
redesignate the existing paragraph from 40 CFR 180.468 to 180.468(a)
and revise the introductory text containing the tolerance expression in
newly designated 40 CFR 180.468(a) to read as follows:
    Tolerances are established for residues of the herbicide
flumetsulam, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only flumetsulam, N-(2,6-difluorophenyl)-5-methyl-(1,2,4)-
triazolo-(1,5a)-pyrimidine-2-sulfonamide, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to
amend 40 CFR 180.468 by adding separate paragraphs (b), (c), and (d),
and reserving those paragraphs for tolerance exemptions for section 18
emergency exemptions, tolerances with regional registrations, and
tolerances with indirect or inadvertent residues, respectively.
    In addition, EPA is proposing to revise commodity terminology to
conform to current Agency practice in newly designated 40 CFR
180.468(a) as follows: ``bean, dry'' to ``bean, dry, seed;'' and
``soybean'' to ``soybean, seed.''
    13. Flumiclorac pentyl. In order to describe more clearly the
measurement and scope or coverage of the tolerances, EPA is proposing
to revise the introductory text containing the tolerance expression in
40 CFR 180.477(a) to read as follows:
    Tolerances are established for residues of the herbicide
flumiclorac pentyl, including its metabolites and degradates, in or
on the commodities in the table in this paragraph. Compliance with
the tolerance levels specified in this paragraph is to be determined
by measuring only flumiclorac pentyl, pentyl(2-chloro-4-fluoro-5-
(1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-2-yl)phenoxy)acetate,
in or on the commodity.

    14. Fluridone. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to
redesignate the existing paragraph from 40 CFR 180.420(a) to
180.420(a)(1), add a table for existing commodities, and revise the
introductory text containing the tolerance expression in newly
designated 40 CFR 180.420(a)(1) to read as follows:
    Tolerances are established for residues of the herbicide
fluridone, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, and its bound residues,
calculated as the stoichiometric equivalent of fluridone, in or on
the commodity.

    Also, in order to describe more clearly the measurement and scope
or coverage of the tolerances, EPA is proposing to redesignate the
existing paragraph from 40 CFR 180.420(b) to 180.420(a)(2) and revise
the introductory text containing the tolerance expression in newly
designated 40 CFR 180.420(a)(2) to read as follows:
    Tolerances are established for residues of the herbicide
fluridone, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, in or on the commodity.

    In addition, in order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to redesignate
the existing paragraph from 40 CFR 180.420(c) to 180.420(d) and revise
the introductory text containing the tolerance expression in newly
designated 40 CFR 180.420(d) to read as follows:
    Tolerances are established for indirect or inadvertent residues
of the herbicide fluridone, including its metabolites and
degradates, in or on the irrigated crop commodities and crop
groupings in the table in this paragraph, resulting from use of
irrigation water containing residues of 0.15 ppm following
applications of fluridone on or around aquatic sites. Where
tolerances are established at higher levels from other uses of
fluridone on the following crops, the higher tolerance also applies
to residues in the irrigated commodity. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to
amend 40 CFR 180.420 by adding separate paragraphs (b) and (c), and
reserving those paragraphs for tolerance exemptions for section 18
emergency exemptions and tolerances with regional registrations,
respectively.
    In addition, EPA is proposing to revise commodity terminology to
conform to current Agency practice in the table to newly designated 40
CFR 180.420(d) as follows: ``citrus'' to ``fruit, citrus, group 10;''
``cucurbits'' to ``vegetable, cucurbit, group 9;'' ``fruit, pome'' to
``fruit, pome, group 11; ``fruit, small'' to ``berry, group 13;''
``cranberry;'' ``grape;'' and ``strawberry;'' ``fruit, stone'' to
``fruit, stone, group 12; ``grain, crop'' to ``grain, cereal, group
15'' and ``grain, cereal, forage, fodder and straw, group 16;''
``legume, forage'' to ``animal feed, nongrass, group 18;'' nut'' to
``nut, tree, group 14;'' ``vegetable, fruiting'' to ``vegetable,
fruiting, group 8;'' ``vegetable, leafy'' to ``vegetable, leafy, except
brassica, group 4'' and ``vegetable, brassica, leafy, group 5;''
``vegetable, root crop'' to ``vegetable, root and tuber, group 1'' and
``vegetable, leaves of root and tuber, group 2;'' ``vegetable, seed and
pod'' to ``vegetable, legume, group 6'' and ``okra.''
    15. Fomesafen. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.433(a) to read as follows:
    Tolerances are established for residues of the herbicide
fomesafen, including its metabolites and degradates, in or on the
commodities in the table in this paragraph from the application of
its sodium salt. Compliance with the tolerance levels specified in
this paragraph is to be determined by measuring only fomesafen, 5-
(2-chloro-4-(trifluoromethyl)phenoxy)-N-(methylsulfonyl)-2-
nitrobenzamide, in or on the commodity.

    16. Fosthiazate. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.596(a) to read as follows:
    A tolerance is established for residues of the insecticide
fosthiazate, including its metabolites and degradates, in or on the
commodity in the table in this paragraph. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only the sum of fosthiazate, O-ethyl S-(1-methylpropyl)(2-

oxo-3-thiazolidinyl)phosphonothioate, and its metabolite, O-ethyl S-
(1-methylpropyl)(2-(methylsulfonyl)ethyl)phosphoramidothioate,
calculated as the stoichiometric equivalent of fosthiazate, in or on
the commodity.

    17. Glufosinate ammonium. In order to describe more clearly the
measurement and scope or coverage of the tolerances, EPA is proposing
to revise the introductory text containing the tolerance expression in
40 CFR 180.473(a) to read as follows:
    Tolerances are established for residues of the herbicide
glufosinate ammonium, including its metabolites and degradates, in
or on the commodities in the table in this paragraph. Compliance
with the tolerance levels specified in this paragraph is to be
determined by measuring only the sum of glufosinate ammonium, 2-
amino-4-(hydroxymethylphosphinyl)butanoic acid monoammonium salt,
and its metabolites, 2-acetamido-4-methylphosphinicobutanoic acid
and 3-methylphosphinicopropionic acid, calculated as the
stoichiometric equivalent of 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid, in or on the commodity.

    Also, in order to describe more clearly the measurement and scope
or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.473(d) to read as follows:
    Tolerances are established for indirect or inadvertent residues
of the herbicide glufosinate ammonium, including its metabolites and
degradates, in or on the commodities in the table in this paragraph
when present therein as a result of the application of glufosinate
ammonium to crops listed in the table in paragraph (a) of this
section. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only the sum of
glufosinate ammonium, 2-amino-4-(hydroxymethylphosphinyl)butanoic
acid monoammonium salt, and its metabolite, 3-
methylphosphinicopropionic acid, calculated as the stoichiometric
equivalent of 2-amino-4-(hydroxymethylphosphinyl)butanoic acid, in
or on the commodity.

    18. Lactofen. In order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.432(a) to read as follows:
    Tolerances are established for residues of the herbicide
lactofen, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only lactofen, 2-ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4-
(trifluoromethyl)phenoxy]-2-nitrobenzoate, in or on the commodity.

    Also, in order to describe more clearly the measurement and scope
or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.432(c) to read as follows:
    Tolerances with regional registration are established for
residues of the herbicide lactofen, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only lactofen, 2-ethoxy-1-methyl-2-
oxoethyl 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate, in
or on the commodity.

    19. Oxytetracycline. In order to describe more clearly the
measurement and scope or coverage of the tolerances, EPA is proposing
to designate the existing paragraph in 40 CFR 180.337 as Sec.
180.337(a) and revise the introductory text containing the tolerance
expression in newly designated 40 CFR 180.337(a) to read as follows:
    Tolerances are established for residues of the fungicide/
bactericide oxytetracycline, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only oxytetracycline,
(4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-1,4,4a,5,5a,6,11,12a-
octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo-2-
naphthacenecarboxamide, in or on the commodity.

    In accordance with current Agency practice, EPA is proposing to
revise 40 CFR 180.337 by adding separate paragraphs (b), (c), and (d),
and reserving those paragraphs for section 18 emergency exemptions,
tolerances with regional registrations, and tolerances with indirect or
inadvertent residues, respectively.
    20. Propetamphos. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing in 40 CFR
180.541 to remove paragraphs (a)(1), (a)(2), and (a)(3) and revise
paragraph (a), including the introductory text containing the tolerance
expression, to read as follows:
    A tolerance of 0.1 part per million is established for residues
of the insecticide propetamphos, including its metabolites and
degradates, in or on food or feed commodities when present therein
as a result of the treatment of food- or feed-handling
establishments with propetamphos. Direct application shall be
limited solely to spot and/or crack and crevice treatment in food-
or feed-handling establishments where food or feed and food or feed
products are held, processed, prepared, served, or sold. Spray and
dust concentrations shall be limited to a maximum of 1 percent
active ingredient. For crack and crevice treatment, equipment
capable of delivering a dust or a pin-stream of spray directly into
cracks and crevices shall be used. For spot treatment, a coarse,
low-pressure spray shall be used to avoid contamination of food,
feed, or food-contact/feed-contact surfaces. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only propetamphos, 1-methylethyl-(2E)-3-
((ethylamino)methoxyphosphinothioyl)oxy)-2-butenoate, in or on the
commodity.

    21. Propyzamide. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.317(a) to read as follows:
    Tolerances are established for residues of the herbicide
propyzamide, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only those propyzamide residues convertible to methyl 3,5-
dichlorobenzoate, expressed as the stoichiometric equivalent of
propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, in
or on the commodity.

    Also, in order to describe more clearly the measurement and scope
or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.317(c) to read as follows:
    Tolerances with regional registration are established for
residues of the herbicide propyzamide, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only those propyzamide residues
convertible to methyl 3,5-dichlorobenzoate, expressed as the
stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)benzamide, in or on the commodity.

    In addition, in order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.317(d) to read as follows:
    Tolerances are established for indirect or inadvertent residues
of the herbicide propyzamide, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only those propyzamide residues
convertible to methyl 3,5-dichlorobenzoate, expressed as the
stoichiometric equivalent of propyzamide, 3,5-dichloro-N-(1,1-
dimethyl-2-propynyl)benzamide, in or on the commodity.

    22. Pyridate. In order to describe more clearly the measurement and
scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.462(a) to read as follows:
    Tolerances are established for residues of the herbicide
pyridate, including its

metabolites and degradates, in or on the commodities in the table in
this paragraph. Compliance with the tolerance levels specified in
this paragraph is to be determined by measuring only the sum of
pyridate, O-(6-chloro-3-phenyl-4-pyridazinyl)-S-octyl-
carbonothioate, and its metabolites, 6-chloro-3-phenyl-pyridazine-4-
ol and conjugates of 6-chloro-3-phenyl-pyridazine-4-ol, calculated
as the stoichiometric equivalent of pyridate, in or on the
commodity.

    23. Quinclorac. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.463(a) to read as follows:
    Tolerances are established for residues of the herbicide
quinclorac, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid,
in or on the commodity.

    Also, in order to describe more clearly the measurement and scope
or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.463(b) to read as follows:
    Time-limited tolerances are established for residues of the
herbicide quinclorac, including its metabolites and degradates, in
or on the commodity in the table in this paragraph. Compliance with
the tolerance level specified in this paragraph is to be determined
by measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic
acid, in or on the commodity. The tolerance expires and is revoked
on the date specified in the table in this paragraph.

    24. Tebufenozide. In order to describe more clearly the measurement
and scope or coverage of the tolerances, EPA is proposing to revise the
introductory text containing the tolerance expression in 40 CFR
180.482(a)(1) to read as follows:
    Tolerances are established for residues of the insecticide
tebufenozide, including its metabolites and degradates, in or on the
commodity in the table in this paragraph. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1-
dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, in or on the commodity.

    In order to describe more clearly the measurement and scope or
coverage of the tolerances, EPA is proposing to revise the introductory
text containing the tolerance expression in 40 CFR 180.482(a)(2) to
read as follows:
    Tolerances are established for residues of the insecticide
tebufenozide, including its metabolites and degradates, in or on the
commodity in the table in this paragraph. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1-
(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and its
metabolites, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-((4-
carboxymethyl)benzoyl)hydrazide, 3-hydroxymethyl-5-methylbenzoic
acid 1-(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, stearic acid
conjugate of 3-hydroxymethyl-5-methylbenzoic acid 1-(1,1-
dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and 3-hydroxymethyl-5-
methylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-(1-
hydroxyethyl)benzoyl)hydrazide, calculated as the stoichiometric
equivalent of tebufenozide, in or on the commodity.

    In order to describe more clearly the measurement and scope or
coverage of the tolerances, EPA is proposing to revise the introductory
text containing the tolerance expression in 40 CFR 180.482(d) to read
as follows:
    Tolerances are established for indirect or inadvertent residues
of the insecticide tebufenozide, including its metabolites and
degradates, in or on the commodities in the table in this paragraph
when present therein as a result of the application of tebufenozide
to growing crops listed in paragraph (a)(1) of this section.
Compliance with the tolerance levels specified in this paragraph is
to be determined by measuring only the sum of tebufenozide, 3,5-
dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-
ethylbenzoyl)hydrazide, and its metabolite, 3,5-dimethylbenzoic acid
1-(1,1-dimethylethyl)-2-(4-(1-hydroxyethyl)benzoyl)hydrazide
calculated as the stoichiometric equivalent of tebufenozide, in or
on the commodity.

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's general practice is to propose revocation of tolerances/
tolerance exemptions 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/tolerance exemption 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/tolerance
exemptions for residues on crops for which FIFRA registrations no
longer exist, unless someone expresses a need for such tolerances/
tolerance exemptions. 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/tolerance
exemptions 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/tolerance
exemption at issue.

C. When Do These Actions Become Effective?

    EPA is proposing that revision of specific tolerance expressions
proposed herein, revocation of the tolerances for aluminum tris(O-
ethylphosphonate) on pineapple fodder and forage, and revision of
specific commodity terminologies (tolerance nomenclatures) for aluminum
tris(O-ethylphosphonate), clethodim, flumetsulam, and fluridone become
effective on the date of publication of the final rule in the Federal
Register. If you have comments, 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. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). 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.
    The Codex has not established a MRL for aluminum tris (O-
ethylphosphonate), butylate, chlorethoxyfos, clomazone, fenoxaprop-
ethyl, flumetsulam, flumiclorac pentyl, fluridone, fomesafen,
fosthiazate, lactofen, oxytetracycline (pesticide use), propetamphos,
propyzamide, pyridate, and quinclorac, or MRL on rice grain for
etofenprox.
    The Codex has established MRLs for clethodim in or on various
commodities including beans (dry) at 2 milligrams per kilogram (mg/kg),
beans, except broad bean and soybean at 0.5 mg/kg, cotton seed at 0.5
mg/kg, eggs at 0.05 mg/kg, field pea (dry) at 2 mg/kg, onion, bulb at
0.5 mg/kg, peanut at 5 mg/kg, sugar beet at 0.1 mg/kg, and sunflower
seed at 0.5 mg/kg. These MRLs are different than the tolerances
established for clethodim in the United States because of differences
in use patterns and/or good agricultural practices. However, the
changes in the U.S. tolerance expression which are proposed herein
would harmonize U.S. tolerances with Codex MRLs for edible offal
(mammalian), meat (from mammals other than marine mammals), milks,
potato, poultry meat, poultry edible offal, soybean (dry), and tomato.
    The Codex has established MRLs for clofentezine in or on various
commodities including edible offal (mammalian) at 0.05 mg/kg, grapes at
2 mg/kg, milks at 0.05 mg/kg, stone fruits at 0.5 mg/kg, and tree nuts
at 0.5 mg/kg. These MRLs are different than the tolerances established
for clofentezine in the United States because of differences in residue
definition for animal commodities and use patterns and/or good
agricultural practices for plant commodities.
    The Codex has established MRLs for cyromazine in or on various
commodities with a residue definition of the parent compound only for
compliance, including edible offal (mammalian) at 0.3 mg/kg, eggs at
0.3 mg/kg, fruiting vegetables other than cucurbits at 1 mg/kg, meat
(from mammals other than marine mammals) at 0.3 mg/kg, milks at 0.01
mg/kg, mushrooms at 7 mg/kg, onion, bulb at 0.1 mg/kg, peppers, chili
(dry) at 10 mg/kg, poultry meat at 0.1 mg/kg, and poultry, edible offal
at 0.2 mg/kg. These MRLs are different than the tolerances established
for cyromazine in the United States because of differences in use
patterns and/or good agricultural practices.
    The Codex has established MRLs for fenarimol in or on various
commodities with a residue definition of the parent compound only for
compliance, including banana at 0.2 mg/kg, cattle kidney at 0.02 mg/kg,
cattle meat at 0.02 mg/kg, grape at 0.3 mg/kg, and pome fruits at 0.3
mg/kg. These MRLs are different than the tolerances established for
fenarimol in the United States because of differences in use patterns
and/or good agricultural practices.
    The Codex has established MRLs for fenbutatin-oxide in or on
various commodities with a residue definition of the parent compound
only for compliance, including cherries at 10 mg/kg, citrus fruits at 5
mg/kg, citrus pulp, dry at 25 mg/kg, and cucumber at 0.5 mg/kg. These
MRLs are different than the tolerances established for fenbutatin-oxide
in the United States because of differences in use patterns and/or good
agricultural practices.
    The Codex has established MRLs for glufosinate ammonium in or on
various commodities including banana at 0.2 mg/kg, berries and other
small fruits at 0.1 mg/kg, edible offal (mammalian) at 0.1 mg/kg, eggs
at 0.05 mg/kg, milks at 0.02 mg/kg, potato at 0.5 mg/kg, poultry meat
at 0.05 mg/kg, poultry, edible offal at 0.1 mg/kg, rape seed at 5 mg/
kg, and sugar beet at 0.05 mg/kg. These MRLs are different than the
tolerances established for glufosinate ammonium in the United States
because of differences in the residue definitions.
    The Codex has established MRLs for tebufenozide in or on various
commodities with a residue definition of the parent compound only for
compliance, including almond hulls at 30 mg/kg, citrus fruits at 2 mg/
kg, cranberry at 0.5 mg/kg, edible offal (mammalian) at 0.02 mg/kg,
grapes at 2 mg/kg, leafy vegetables at 10 mg/kg, meat (from mammals
other than marine mammals) at 0.05 mg/kg, milks at 0.01 mg/kg, mints at
20 mg/kg, pome fruits at 1 mg/kg, and walnuts at 0.05 mg/kg. These MRLs
are different than the tolerances established for tebufenozide in the
United States because of differences in residue definition for animal
commodities and use patterns and/or good agricultural practices for
plant commodities.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to revise tolerance
expressions to describe more clearly the measurement and scope or
coverage of the tolerances, and revoke the tolerances for aluminum
tris(O-ethylphosphonate) on pineapple fodder and forage. The Office of
Management and Budget (OMB) has exempted these types of actions (e.g.,
tolerance actions 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 information concerning the pesticides listed in this
proposed rule, the Agency hereby certifies that this proposed rule will
not have a significant negative economic impact on a substantial number
of small entities. In a memorandum dated May 25, 2001, EPA determined
that eight conditions must all be satisfied in order for an import
tolerance or tolerance exemption revocation to adversely affect a
significant number of small entity importers, and that there is a
negligible joint probability of all eight conditions holding
simultaneously with respect to any particular revocation. (This Agency
document is available in the docket of this proposed rule).
Furthermore, for the pesticide named in this proposed rule, the Agency
knows of no extraordinary circumstances that exist as to the present
proposal that would change 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: July 15, 2010.
Steven Bradbury,
Director, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346a and 371.
    2. In Sec.  180.232 revise the introductory text in paragraph (a)
to read as follows.

Sec.  180.232  Butylate; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
butylate, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only butylate, S-ethyl bis(2-methylpropyl)carbamothioate, in
or on the commodity.
* * * * *
    3. Section 180.317 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise paragraph (b);

    iii. Revise the introductory text in paragraph (c);
    iv. Revise the introductory text in paragraph (d).
    The revised text reads as follows:

Sec.  180.317  Propyzamide; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
propyzamide, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only those propyzamide residues convertible to methyl 3,5-
dichlorobenzoate, expressed as the stoichiometric equivalent of
propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)benzamide, in or
on the commodity.
* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
    (c) * * * Tolerances with regional registration are established for
residues of the herbicide propyzamide, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only those propyzamide residues convertible
to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric
equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)benzamide, in or on the commodity.
* * * * *
    (d) * * * Tolerances are established for indirect or inadvertent
residues of the herbicide propyzamide, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only those propyzamide residues convertible
to methyl 3,5-dichlorobenzoate, expressed as the stoichiometric
equivalent of propyzamide, 3,5-dichloro-N-(1,1-dimethyl-2-
propynyl)benzamide, in or on the commodity.
* * * * *
    4. Revise Sec.  180.337 to read as follows:

Sec.  180.337  Oxytetracycline; tolerances for residues.

    (a) General. Tolerances are established for residues of the
fungicide/bactericide oxytetracycline, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only oxytetracycline,
(4S,4aR,5S,5aR,6S,12aS)-4-(dimethylamino)-1,4,4a,5,5a,6,11,12a-
octahydro-3,5,6,10,12,12a-hexahydroxy-6-methyl-1,11-dioxo-2-
naphthacenecarboxamide, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Apple...................................................            0.35
Peach...................................................            0.35
Pear....................................................            0.35
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    5. Section 180.362 is amended as follows:
    i. Revise the section heading;
    ii. Revise the introductory text in paragraph (a)(1);
    iii. Revise the introductory text in paragraph (a)(2);
    iv. Revise the introductory text in paragraph (c).
    The revised text read as follows:

Sec.  180.362  Fenbutatin-oxide; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the
miticide/acaricide fenbutatin-oxide, including its metabolites and
degradates, in or on the plant commodities in the table in this
paragraph. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only fenbutatin-oxide,
hexakis (2-methyl-2-phenylpropyl)distannoxane, in or on the commodity.
* * * * *
    (2) Tolerances are established for residues of the miticide/
acaricide fenbutatin-oxide, including its metabolites and degradates,
in or on the animal commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only the sum of fenbutatin-oxide, hexakis
(2-methyl-2-phenylpropyl)distannoxane, and its organotin metabolites,
dihydroxybis(2-methyl-2-phenylpropyl)stannane and 2-methyl-2-
phenylpropylstannoic acid, calculated as the stoichiometric equivalent
of fenbutatin-oxide, in or on the commodity.
* * * * *
    (c) * * * A tolerance with regional registration is established for
residues of the miticide/acaricide fenbutatin-oxide, including its
metabolites and degradates, in or on the plant commodity in the table
in this paragraph. Compliance with the tolerance level specified in
this paragraph is to be determined by measuring only fenbutatin-oxide,
hexakis (2-methyl-2-phenylpropyl)distannoxane, in or on the commodity.
* * * * *
    6. Section 180.414 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise paragraph (a)(2);
    iii. Revise the introductory text in paragraph (d).
    The revised reads as follows:

Sec.  180.414  Cyromazine; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the
insecticide cyromazine, including its metabolites and degradates, in or
on the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only cyromazine, N-cyclopropyl-1,3,5-triazine-2,4,6-triamine,
in or on the commodity.
* * * * *
    (2) A tolerance of 5.0 parts per million is established for
residues of the insecticide cyromazine, including its metabolites and
degradates, in or on poultry feed when used as a feed additive only in
feed for chicken layer hens and chicken breeder hens at the rate of not
more than 0.01 pound of cyromazine per ton of poultry feed for control
of flies in manure of treated chicken layer hens and chicken breeder
hens, provided the feeding of cyromazine-treated feed must stop at
least 3 days (72 hours) before slaughter. If the feed is formulated by
any person other than the end user, the formulator must inform the end
user, in writing, of the 3-day (72 hours) pre-slaughter interval.
Compliance with the tolerance level specified in this paragraph is to
be determined by measuring only cyromazine, N-cyclopropyl-1,3,5-
triazine-2,4,6-triamine, in or on the commodity.
* * * * *
    (d) * * * Tolerances are established for the indirect or
inadvertent residues of the insecticide cyromazine, including its
metabolites and degradates, in or on the commodities in the table in
this paragraph when present therein as a result of the application of
cyromazine to growing crops listed in paragraph (a)(1) of this section.
Compliance with the tolerance levels specified in this

paragraph is to be determined by measuring only cyromazine, N-
cyclopropyl-1,3,5-triazine-2,4,6-triamine, in or on the commodity.
* * * * *
    7. Section 180.415 is amended as follows:
    i. Revise paragraph (a);
    ii. Revise the introductory text in paragraph (c).
    The revised text reads as follows:

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

    (a) General. Tolerances are established for residues of the
fungicide aluminum tris(O-ethylphosphonate), including its metabolites
and degradates, in or on the commodities in the table in this
paragraph. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only aluminum tris(O-
ethylphosphonate), in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Avocado.................................................              25
Banana..................................................             3.0
Bushberry subgroup 13B..................................              40
Caneberry subgroup 13A..................................             0.1
Cranberry...............................................             0.5
Fruit, citrus, group 10.................................             5.0
Fruit, pome, group 11...................................              10
Ginseng.................................................             0.1
Hop, dried cones........................................              45
Juneberry...............................................              40
Lingonberry.............................................              40
Nut, macadamia..........................................            0.20
Onion, bulb.............................................             0.5
Onion, green............................................            10.0
Pea, succulent..........................................             0.3
Pineapple...............................................             0.1
Salal...................................................              40
Strawberry..............................................              75
Tomato..................................................               3
Turnip, greens..........................................              40
Turnip, roots...........................................              15
Vegetable, brassica, leafy, group 5.....................              60
Vegetable, cucurbit, group 9............................              15
Vegetable, leafy, except brassica, group 4..............             100
------------------------------------------------------------------------

* * * * *
    (c) * * * Tolerances with regional registration are established for
residues of the fungicide aluminum tris(O-ethylphosphonate), including
its metabolites and degradates, in or on the commodities in the table
in this paragraph. Compliance with the tolerance levels specified in
this paragraph is to be determined by measuring only aluminum tris(O-
ethylphosphonate), in or on the commodity.
* * * * *
    8. Revise Sec.  180.420 to read as follows:

Sec.  180.420  Fluridone; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the
herbicide fluridone, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, and its bound residues,
calculated as the stoichiometric equivalent of fluridone, in or on the
commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Crayfish................................................             0.5
Fish....................................................             0.5
------------------------------------------------------------------------

    (2) Tolerances are established for residues of the herbicide
fluridone, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only fluridone, 1-methyl-3-phenyl-5-(3-
(trifluoromethyl)phenyl)-4(1H)-pyridinone, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Cattle, fat.............................................            0.05
Cattle, kidney..........................................             0.1
Cattle, liver...........................................             0.1
Cattle, meat............................................            0.05
Cattle, meat byproducts.................................            0.05
Egg.....................................................            0.05
Goat, fat...............................................            0.05
Goat, kidney............................................             0.1
Goat, liver.............................................             0.1
Goat, meat..............................................            0.05
Goat, meat byproducts...................................            0.05
Hog, fat................................................            0.05
Hog, kidney.............................................             0.1
Hog, liver..............................................             0.1
Hog, meat...............................................            0.05
Hog, meat byproducts....................................            0.05
Horse, fat..............................................            0.05
Horse, kidney...........................................             0.1
Horse, liver............................................             0.1
Horse, meat.............................................            0.05
Horse, meat byproducts..................................            0.05
Milk....................................................            0.05
Poultry, fat............................................            0.05
Poultry, kidney.........................................            0.01
Poultry, liver..........................................            0.01
Poultry, meat...........................................            0.05
Poultry, meat byproducts................................            0.05
Sheep, fat..............................................            0.05
Sheep, kidney...........................................             0.1
Sheep, liver............................................             0.1
Sheep, meat.............................................            0.05
Sheep, meat byproducts..................................            0.05
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
     (d) Indirect or inadvertent residues. Tolerances are established
for indirect or inadvertent residues of the herbicide fluridone,
including its metabolites and degradates, in or on the irrigated crop
commodities and crop groupings in the table in this paragraph,
resulting from use of irrigation water containing residues of 0.15 ppm
following applications of fluridone on or around aquatic sites. Where
tolerances are established at higher levels from other uses of
fluridone on the following crops, the higher tolerance also applies to
residues in the irrigated commodity. Compliance with the tolerance
levels specified in this paragraph is to be determined by measuring
only fluridone, 1-methyl-3-phenyl-5-(3-(trifluoromethyl)phenyl)-4(1H)-
pyridinone, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Animal feed, nongrass, group 18.........................            0.15
Avocado.................................................             0.1
Berry, group 13.........................................             0.1
Cotton, undelinted seed.................................             0.1
Cranberry...............................................             0.1
Fruit, citrus, group 10.................................             0.1
Fruit, pome, group 11...................................             0.1
Fruit, stone, group 12..................................             0.1
Grain, cereal, forage, fodder and straw, group 16.......             0.1
Grain, cereal, group 15.................................             0.1
Grape...................................................             0.1
Grass, forage...........................................            0.15
Hop, dried cones........................................             0.1
Nut, tree, group 14.....................................             0.1
Okra....................................................             0.1
Strawberry..............................................             0.1
Vegetable, brassica, leafy, group 5.....................             0.1
Vegetable, cucurbit, group 9............................             0.1
Vegetable, fruiting, group 8............................             0.1
Vegetable, leafy, except brassica, group 4..............             0.1
Vegetable, leaves of root and tuber, group 2............             0.1
Vegetable, legume, group 6..............................             0.1
Vegetable, root and tuber, group 1......................             0.1
------------------------------------------------------------------------

    9. In Sec.  180.421 revise the introductory text in paragraph (a)
to read as follows:

Sec.  180.421  Fenarimol; tolerances for residues.

    (a) * * * Tolerances are established for residues of the fungicide
fenarimol, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only fenarimol, alpha-(2-chlorophenyl)-alpha-(4-
chlorophenyl)-5-

pyrimidinemethanol, in or on the commodity.
* * * * *
    10. In Sec.  180.425 revise the introductory text in paragraph (a)
to read as follows.

Sec.  180.425  Clomazone; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
clomazone, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only clomazone, 2-(2-chlorophenyl)methyl-4,4-dimethyl-3-
isoxazolidinone, in or on the commodity.
* * * * *
    11. Section 180.430 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise the introductory text in paragraph (b).
    The revised text reads as follows:

Sec.  180.430  Fenoxaprop-ethyl; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
fenoxaprop-ethyl, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of fenoxaprop-ethyl, ()-ethyl 2-[4-
[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites,
2-[4-[(6-chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-
2,3-dihydrobenzoxazol-2-one, calculated as the stoichiometric
equivalent of fenoxaprop-ethyl, in or on the commodity.
* * * * *
    (b) * * * Time-limited tolerances are established for residues of
the herbicide fenoxaprop-ethyl, including its metabolites and
degradates, in or on the commodities in the table in this paragraph in
connection with use of fenoxaprop-ethyl under section 18 emergency
exemptions granted by EPA. Compliance with the tolerance levels
specified in this paragraph is to be determined by measuring only the
sum of fenoxaprop-ethyl, ()-ethyl 2-[4-[(6-chloro-2-
benzoxazolyl)oxy]phenoxy]propanoate, and its metabolites, 2-[4-[(6-
chloro-2-benzoxazolyl)oxy]phenoxy]propanoic acid and 6-chloro-2,3-
dihydrobenzoxazol-2-one, calculated as the stoichiometric equivalent of
fenoxaprop-ethyl, in or on the commodity. The tolerances expire and are
revoked on the dates specified in the table in this paragraph.
* * * * *
    12. Section 180.432 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise the introductory text in paragraph (c).
    The revised text reads as follows:

Sec.  180.432  Lactofen; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
lactofen, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only lactofen, 2-ethoxy-1-methyl-2-oxoethyl 5-[2-chloro-4-
(trifluoromethyl)phenoxy]-2-nitrobenzoate, in or on the commodity.
* * * * *
    (c) * * * Tolerances with regional registration are established for
residues of the herbicide lactofen, including its metabolites and
degradates, in or on the commodities in the table in this paragraph.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only lactofen, 2-ethoxy-1-methyl-2-oxoethyl
5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate, in or on the
commodity.
* * * * *
    13. In Sec.  180.433 revise the introductory text in paragraph (a)
to read as follows.

Sec.  180.433  Fomesafen; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
fomesafen, including its metabolites and degradates, in or on the
commodities in the table in this paragraph from the application of its
sodium salt. Compliance with the tolerance levels specified in this
paragraph is to be determined by measuring only fomesafen, 5-(2-chloro-
4-(trifluoromethyl)phenoxy)-N-(methylsulfonyl)-2-nitrobenzamide, in or
on the commodity.
* * * * *
    14. Section 180.446 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise the introductory text in paragraph (a)(2).
    The revised text reads as follows:

Sec.  180.446  Clofentezine; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the
insecticide clofentezine, including its metabolites and degradates, in
or on the commodities in the table in this paragraph. Compliance with
the tolerance levels specified in this paragraph is to be determined by
measuring only clofentezine, 3,6-bis(2-chlorophenyl)-1,2,4,5-tetrazine,
in or on the commodity.
* * * * *
    (2) Tolerances are established for residues of the insecticide
clofentezine, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of clofentezine, 3,6-bis(2-chlorophenyl)-
1,2,4,5-tetrazine, and its metabolite, 3-(2-chloro-4-hydroxyphenyl)-6-
(2-chlorophenyl)-1,2,4,5-tetrazine, calculated as the stoichiometric
equivalent of clofentezine, in or on the commodity.
* * * * *
    15. Revise Sec.  180.458 to read as follows:

Sec.  180.458  Clethodim; tolerances for residues.

    (a) General. Tolerances are established for residues of the
herbicide clethodim, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of clethodim, 2-[(1E)-1-[[[(2E)-3-chloro-2-
propenyl]oxy]imino]propyl]-5-[2-(ethylthio)propyl]-3-hydroxy-2-
cyclohexen-1-one, and its metabolites containing the 5-(2-
ethylthiopropyl)cyclohexene-3-one and 5-(2-ethylthiopropyl)-5-
hydroxycyclohexene-3-one moieties and their sulphoxides and sulphones,
calculated as the stoichiometric equivalent of clethodim, in or on the
commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage.........................................             6.0
Alfalfa, hay............................................              10
Artichoke, globe........................................             1.2
Asparagus...............................................             1.7
Bean, dry, seed.........................................             2.5
Beet, sugar, molasses...................................             1.0
Beet, sugar, roots......................................            0.20
Beet, sugar, tops.......................................             1.0
Brassica, head and stem, subgroup 5A....................             3.0
Brassica, leafy greens, subgroup 5B.....................             3.0
Bushberry subgroup 13-07B...............................            0.20
Caneberry subgroup 13-07A...............................            0.30

Canola, meal............................................             1.0
Canola, seed............................................            0.50
Cattle, fat.............................................             0.2
Cattle, meat............................................             0.2
Cattle, meat byproducts.................................             0.2
Clover, forage..........................................            10.0
Clover, hay.............................................            20.0
Corn, field, forage.....................................             0.2
Corn, field, grain......................................             0.2
Corn, field, stover.....................................             0.2
Cotton, meal............................................             2.0
Cotton, undelinted seed.................................             1.0
Cranberry...............................................            0.50
Egg.....................................................             0.2
Flax, meal..............................................             1.0
Flax, seed..............................................             0.6
Goat, fat...............................................             0.2
Goat, meat..............................................             0.2
Goat, meat byproducts...................................             0.2
Herb subgroup 19A.......................................            12.0
Hog, fat................................................             0.2
Hog, meat...............................................             0.2
Hog, meat byproducts....................................             0.2
Hop, dried cones........................................             0.5
Horse, fat..............................................             0.2
Horse, meat.............................................             0.2
Horse, meat byproducts..................................             0.2
Leaf petioles subgroup 4B...............................            0.60
Leafy greens subgroup 4A................................             2.0
Melon subgroup 9A.......................................             2.0
Milk....................................................            0.05
Mustard, seed...........................................            0.50
Onion, bulb.............................................            0.20
Onion, green............................................             2.0
Peach...................................................            0.20
Peanut..................................................             3.0
Peanut, hay.............................................             3.0
Peanut, meal............................................             5.0
Peppermint, tops........................................             5.0
Potato..................................................             0.5
Potato, granules/flakes.................................             2.0
Poultry, fat............................................             0.2
Poultry, meat...........................................             0.2
Poultry, meat byproducts................................             0.2
Radish, tops............................................            0.70
Safflower, meal.........................................            10.0
Safflower, seed.........................................             5.0
Sesame, seed............................................            0.35
Sheep, fat..............................................             0.2
Sheep, meat.............................................             0.2
Sheep, meat byproducts..................................             0.2
Soybean.................................................            10.0
Soybean, soapstock......................................            15.0
Spearmint, tops.........................................             5.0
Squash/cucumber subgroup 9B.............................            0.50
Strawberry..............................................             3.0
Sunflower, meal.........................................            10.0
Sunflower, seed.........................................             5.0
Turnip, greens..........................................             3.0
Vegetable, fruiting, group 8............................             1.0
Vegetable, legume, group 6, except soybean..............             3.5
Vegetable, root, except sugar beet, subgroup 1B.........             1.0
Vegetable, tuberous and corm, subgroup 1C...............             1.0
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    16. In Sec.  180.462 revise the introductory text in paragraph (a)
to read as follows:

Sec.  180.462  Pyridate; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
pyridate, including including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of pyridate, O-(6-chloro-3-phenyl-4-
pyridazinyl)-S-octyl-carbonothioate, and its metabolites, 6-chloro-3-
phenyl-pyridazine-4-ol and conjugates of 6-chloro-3-phenyl-pyridazine-
4-ol, calculated as the stoichiometric equivalent of pyridate, in or on
the commodity.
* * * * *
    17. Section 180.463 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise the introductory text in paragraph (b).
    The revised text reads as follows:

Sec.  180.463  Quinclorac; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
quinclorac, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, in
or on the commodity.
* * * * *
    (b) * * * Time-limited tolerances are established for residues of
the herbicide quinclorac, including its metabolites and degradates, in
or on the commodity in the table in this paragraph. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only quinclorac, 3,7-dichloro-8-quinolinecarboxylic acid, in
or on the commodity. The tolerance expires and is revoked on the date
specified in the table in this paragraph.
* * * * *
    18. Revise Sec.  180.468 to read as follows:

Sec.  180.468  Flumetsulam; tolerances for residues.

    (a) General. Tolerances are established for residues of the
herbicide flumetsulam, including its metabolites and degradates, in or
on the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only flumetsulam, N-(2,6-difluorophenyl)-5-methyl-(1,2,4)-
triazolo-(1,5a)-pyrimidine-2-sulfonamide, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Bean, dry, seed.........................................            0.05
Corn, field, forage.....................................            0.05
Corn, field, grain......................................            0.05
Corn, field, stover.....................................            0.05
Soybean, seed...........................................            0.05
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    19. Section 180.473 is amended as follows:
    i. Revise the introductory text in paragraph (a);
    ii. Revise the introductory text in paragraph (d).
    The revised text reads as follows:

Sec.  180.473  Glufosinate; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
glufosinate ammonium, including its metabolites and degradates, in or
on the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of glufosinate ammonium, 2-amino-4-
(hydroxymethylphosphinyl)butanoic acid monoammonium salt, and its
metabolites, 2-acetamido-4-methylphosphinicobutanoic acid and 3-
methylphosphinicopropionic acid, calculated as the stoichiometric
equivalent of 2-amino-4-(hydroxymethylphosphinyl)butanoic acid, in or
on the commodity.
* * * * *
    (d) * * * Tolerances are established for indirect or inadvertent
residues of the herbicide glufosinate ammonium, including its
metabolites and degradates, in or on the commodities in the table in
this paragraph when present therein as a result of the application of
glufosinate ammonium to crops listed in paragraph (a) of this section.
Compliance with the tolerance levels specified in this paragraph is to
be determined by measuring only the sum of glufosinate ammonium, 2-
amino-4-(hydroxymethylphosphinyl)butanoic acid monoammonium salt, and
its metabolite, 3-methylphosphinico

propionic acid, calculated as the stoichiometric equivalent of 2-amino-
4-(hydroxymethylphosphinyl)butanoic acid, in or on the commodity.
* * * * *
    20. In Sec. 180.477 revise the introductory text in paragraph (a)
to read as follows:

Sec.  180.477  Flumiclorac pentyl; tolerances for residues.

    (a) * * * Tolerances are established for residues of the herbicide
flumiclorac pentyl, including its metabolites and degradates, in or on
the commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only flumiclorac pentyl, pentyl(2-chloro-4-fluoro-5-
(1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-isoindol-2-yl)phenoxy)acetate, in
or on the commodity.
* * * * *
    21. Section 180.482 is amended as follows:
    i. Revise the introductory text in paragraph (a)(1);
    ii. Revise the introductory text in paragraph (a)(2);
    iii. Revise paragraph (b);
    iv. Revise the introductory text in paragraph (d).
    The revised text reads as follows:

Sec.  180.482  Tebufenozide; tolerances for residues.

    (a) * * * (1) Tolerances are established for residues of the
insecticide tebufenozide, including its metabolites and degradates, in
or on the commodities in the table in this paragraph. Compliance with
the tolerance levels specified in this paragraph is to be determined by
measuring only tebufenozide, 3,5-dimethylbenzoic acid 1-(1,1-
dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, in or on the commodity.
* * * * *
    (2) Tolerances are established for residues of the insecticide
tebufenozide, including its metabolites and degradates, in or on the
commodities in the table in this paragraph. Compliance with the
tolerance levels specified in this paragraph is to be determined by
measuring only the sum of tebufenozide, 3,5-dimethylbenzoic acid 1-
(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and its metabolites,
3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-((4-
carboxymethyl)benzoyl)hydrazide, 3-hydroxymethyl-5-methylbenzoic acid
1-(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, stearic acid
conjugate of 3-hydroxymethyl-5-methylbenzoic acid 1-(1,1-
dimethylethyl)-2-(4-ethylbenzoyl)hydrazide, and 3-hydroxymethyl-5-
methylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-(1-
hydroxyethyl)benzoyl)hydrazide, calculated as the stoichiometric
equivalent of tebufenozide, in or on the commodity.
* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *
    (d) * * * Tolerances are established for indirect or inadvertent
residues of the insecticide tebufenozide, including its metabolites and
degradates, in or on the commodities in the table in this paragraph
when present therein as a result of the application of tebufenozide to
growing crops listed in paragraph (a)(1) of this section. Compliance
with the tolerance levels specified in this paragraph is to be
determined by measuring only the sum of tebufenozide, 3,5-
dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-(4-ethylbenzoyl)hydrazide,
and its metabolite, 3,5-dimethylbenzoic acid 1-(1,1-dimethylethyl)-2-
(4-(1-hydroxyethyl)benzoyl)hydrazide calculated as the stoichiometric
equivalent of tebufenozide, in or on the commodity.
* * * * *
    22. Revise Sec.  180.486 to read as follows:

Sec.  180.486  Chlorethoxyfos; tolerances for residues.

    (a) General. Tolerances are established for residues of the
insecticide chlorethoxyfos, including its metabolites and degradates,
in or on the commodities in the table in this paragraph. Compliance
with the tolerance levels specified in this paragraph is to be
determined by measuring only chlorethoxyfos, O,O-diethyl O-(1,2,2,2-
tetrachloroethyl) phosphorothioate, in or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Corn, field, forage.....................................            0.01
Corn, field, grain......................................            0.01
Corn, field, stover.....................................            0.01
Corn, pop, grain........................................            0.01
Corn, pop, stover.......................................            0.01
Corn, sweet, forage.....................................            0.01
Corn, sweet, kernel plus cob with husks removed.........            0.01
Corn, sweet, stover.....................................            0.01
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    23. In Sec.  180.541 revise paragraph (a) to read as follows:

Sec.  180.541  Propetamphos; tolerances for residues.

    (a) General. A tolerance of 0.1 part per million is established for
residues of the insecticide propetamphos, including its metabolites and
degradates, in or on food or feed commodities when present therein as a
result of the treatment of food- or feed-handling establishments with
propetamphos. Direct application shall be limited solely to spot and/or
crack and crevice treatment in food- or feed-handling establishments
where food or feed and food or feed products are held, processed,
prepared, served, or sold. Spray and dust concentrations shall be
limited to a maximum of 1 percent active ingredient. For crack and
crevice treatment, equipment capable of delivering a dust or a pin-
stream of spray directly into cracks and crevices shall be used. For
spot treatment, a coarse, low-pressure spray shall be used to avoid
contamination of food, feed, or food-contact/feed-contact surfaces.
Compliance with the tolerance level specified in this paragraph is to
be determined by measuring only propetamphos, 1-methylethyl-(2E)-3-
((ethylamino)methoxyphosphinothioyl)oxy)-2-butenoate, in or on the
commodity.
* * * * *
    24. In Sec.  180.596 revise the introductory text in paragraph (a)
to read as follows:

Sec.  180.596  Fosthiazate; tolerances for residues.

    (a) * * * A tolerance is established for residues of the
insecticide fosthiazate, including its metabolites and degradates, in
or on the commodity in the table in this paragraph. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only the sum of fosthiazate, O-ethyl S-(1-methylpropyl)(2-
oxo-3-thiazolidinyl)phosphonothioate, and its metabolite, O-ethyl S-(1-
methylpropyl)(2-(methylsulfonyl)ethyl)phosphoramidothioate, calculated
as the stoichiometric equivalent of fosthiazate, in or on the
commodity.
* * * * *
    25. Revise Sec.  180.620 to read as follows:

Sec.  180.620  Etofenprox; tolerances for residues.

    (a) General. A tolerance is established for residues of the
insecticide etofenprox, including its metabolites and degradates, in or
on the commodity in the table in this paragraph. Compliance with the
tolerance level specified in this paragraph is to be determined by
measuring only

etofenprox, 2-(4-ethoxyphenyl)-2-methylpropyl 3-phenoxybenzyl ether, in
or on the commodity.

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
Rice, grain.............................................            0.01
------------------------------------------------------------------------

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

[FR Doc. 2010-18373 Filed 7-27-10; 8:45 am]
BILLING CODE 6560-50-S