[Federal Register: May 13, 2009 (Volume 74, Number 91)]
[Proposed Rules]
[Page 22478-22490]
[DOCID:fr13my09-16]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2009-0251; FRL-8412-3]

Ametryn, Amitraz, Ammonium Soap Salts of Higher Fatty Acids
(C8-C18 saturated; C8-C12
unsaturated), Bitertanol, Coppers, et al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revoke certain tolerances/tolerance
exemptions for the fungicides pentachloronitrobenzene and triadimenol,
the herbicides ametryn, fluazifop-P-butyl, and prometryn; the
insecticides amitraz and mineral oil; the defoliant/desiccant sodium
chlorate; and the fungicide/algicide/herbicide coppers. Also, EPA is
proposing to modify certain tolerances for the fungicide bitertanol and
the insecticide malathion. In addition, EPA is proposing to establish
new tolerances/tolerance exemptions for the fungicides coppers and
pentachloronitrobenzene; the herbicide prometryn; the insecticide
malathion; and the defoliant/desiccant sodium chlorate; and revise the
tolerance expression for the ammonium salts of higher fatty acids
(ammonium soap salts). The regulatory actions proposed in this document
are in follow-up to the Agency's reregistration program under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and
tolerance reassessment program under the Federal Food, Drug, and
Cosmetic Act (FFDCA), section 408(q).

DATES: Comments must be received on or before July 13, 2009.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0251, 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-
2009-0251. 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, Special Review and
Reregistration 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
FFDCA section 408(f), if needed. The order would specify data needed
and the timeframes for its submission, and would require that within 90
days some person or persons notify EPA that they will submit the data.
If the data are not submitted as required in the order, EPA will take
appropriate action under FFDCA.
    EPA issues a final rule after considering comments that are
submitted in response to this proposed rule. In addition to submitting
comments in response to this proposal, you may also submit an objection
at the time of the final rule. If you fail to file an objection to the
final rule within the time period specified, you will have waived the
right to raise any issues resolved in the final rule. After the

specified time, issues resolved in the final rule cannot be raised
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke, modify, and establish specific
tolerances/tolerance exemptions for residues of the fungicides
bitertanol, pentachloronitrobenzene, and triadimenol; the herbicides
ametryn, fluazifop-P-butyl, and prometryn; the insecticides amitraz,
malathion, and mineral oil; the defoliant/desiccant sodium chlorate;
and the fungicide/algicide/herbicide coppers; and revise the tolerance
expression for the ammonium salts of higher fatty acids (ammonium soap
salts) in or on commodities listed in the regulatory text.
    EPA is proposing these tolerance actions to implement the tolerance
recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of FFDCA. The safety finding determination of ``reasonable
certainty of no harm'' is discussed in detail in each Reregistration
Eligibility Decision (RED) and Report of the Food Quality Protection
Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision
(TRED) for the active ingredient. REDs and TREDs recommend the
implementation of certain tolerance actions, including modifications to
reflect current use patterns, meet safety findings, and change
commodity names and groupings in accordance with new EPA policy.
Printed copies of many REDs and TREDs may be obtained from EPA's
National Service Center for Environmental Publications (EPA/NSCEP),
P.O. Box 42419, Cincinnati, OH 45242-2419; telephone number: 1-800-490-
9198; fax number: 1-513-489-8695; Internet at http://www.epa.gov/
ncepihom and from the National Technical Information Service (NTIS),
5285 Port Royal Rd., Springfield, VA 22161; telephone number: 1-800-
553-6847 or<PHONE_NUMBER>; Internet at http://www.ntis.gov. Electronic
copies of REDs and TREDs are available on the Internet in public
dockets; REDs for ametryn (EPA-HQ-OPP-2004-0411), coppers (EPA-HQ-OPP-
2005-0558), malathion (EPA-HQ-OPP-2004-0348), aliphatic solvents
(mineral oil) (EPA-HQ-OPP-2006-0284), pentachloronitrobenzene (EPA-HQ-
OPP-2004-0202), and inorganic chlorates (sodium chlorate)(EPA-HQ-OPP-
2005-0507), and TREDs for amitraz (EPA-HQ-OPP-2004-0048), bitertanol
(EPA-HQ-OPP-2005-0491), fluazifop-P-butyl (EPA-HQ-OPP-2004-0347), and
triadimenol (EPA-HQ-OPP-2006-0038), at http://www.regulations.gov and
REDs for soap salts (includes ammonium salts of higher fatty acids) and
prometryn at http://www.epa.gov/pesticides/reregistration/status.htm.
    The selection of an individual tolerance level is based on crop
field residue studies designed to produce the maximum residues under
the existing or proposed product label. Generally, the level selected
for a tolerance is a value slightly above the maximum residue found in
such studies, provided that the tolerance is safe. The evaluation of
whether a tolerance is safe is a separate inquiry. EPA recommends the
raising of a tolerance when data show that:
     Lawful use (sometimes through a label change) may result
in a higher residue level on the commodity.
     The tolerance remains safe, notwithstanding increased
residue level allowed under the tolerance.
In REDs, Chapter IV on ``Risk Management, Reregistration, and Tolerance
Reassessment'' typically describes the regulatory position, FQPA
assessment, cumulative safety determination, determination of safety
for U.S. general population, and safety for infants and children. In
particular, the human health risk assessment document which supports
the RED describes risk exposure estimates and whether the Agency has
concerns. In TREDs, the Agency discusses its evaluation of the dietary
risk associated with the active ingredient and whether it can determine
that there is a reasonable certainty (with appropriate mitigation) that
no harm to any population subgroup will result from aggregate exposure.
EPA also seeks to harmonize tolerances with international standards set
by the Codex Alimentarius Commission, as described in Unit III.
    Explanations for proposed modifications in tolerances and
exemptions and/or establishments of tolerances and exemptions for
bitertanol, coppers, malathion, pentachloronitrobenzene, prometryn, and
sodium chlorate can be found in the RED and TRED document and in more
detail in the Residue Chemistry Chapter document which supports the RED
and TRED. Copies of the Residue Chemistry Chapter documents are found
in the Administrative Record and electronic copies for bitertanol,
coppers (included in revised Human Health Chapter), malathion,
pentachloronitrobenzene, and sodium chlorate (included in the HED
Chapter of the RED) can be found under their respective public docket
ID numbers, identified in Unit II.A. Electronic copies of support
documents for soap salts (including the revised Human Health Assessment
Scoping Document in Support of Registration Review) are available in
public docket EPA-HQ-OPP-2008-0519. An electronic copy of the Residue
Chemistry Chapter for prometryn is available in the public docket for
this proposed rule. Electronic copies are available through EPA's
electronic public docket and comment system, regulations.gov at http://
www.regulations.gov. You may search for this proposed rule under docket
ID number EPA-HQ-OPP-2009-0251, then click on that docket ID number to
view its contents.
    EPA has determined that the aggregate exposures and risks are not
of concern for the above mentioned pesticide active ingredients based
upon the data identified in the RED or TRED which lists the submitted
studies that the Agency found acceptable.
    EPA has found that the tolerances that are proposed in this
document to be modified, are safe; i.e., that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residues, in accordance
with FFDCA section 408(b)(2)(C). (Note that changes to tolerance
nomenclature do not constitute modifications of tolerances). These
findings are discussed in detail in each RED or TRED. The references
are available for inspection as described in this document under
SUPPLEMENTARY INFORMATION.
    In addition, EPA is proposing to revoke certain specific tolerances
because either they are no longer needed or are associated with food
uses that are no longer registered under FIFRA. Those instances where
registrations were canceled were because the registrant failed to pay
the required maintenance fee and/or the registrant voluntarily
requested cancellation of one or more registered uses of the pesticide.
It is EPA's general practice to propose revocation of those tolerances
for residues of pesticide active ingredients on crop uses for which
there are no active registrations under FIFRA, unless any person in
comments on the proposal indicates a need for the tolerance to cover
residues in or on imported commodities or legally treated domestic
commodities.

    1. Ametryn. In the Federal Register notice of December 19, 2007 (72
FR 71898) (FRL-8343-9), EPA issued a notice regarding EPA's
announcement on the receipt of requests from the registrant to
voluntarily cancel specific registrations, which would terminate the
last ametryn uses for banana and sweet corn. EPA approved cancellation
of the registration by issuing a cancellation order with the close of
the comment period, made it effective on June 16, 2008, and permitted
the registrant for the canceled registration to sell and distribute
existing stocks until June 16, 2009. Also, EPA permitted persons other
than the registrant to sell, distribute, and conforming to the EPA-
approved label and labeling of the products, use existing ametryn
pesticide stocks on banana and sweet corn until they are exhausted. The
Agency believes that end users will have had sufficient time to exhaust
those existing stocks and for ametryn treated banana and sweet corn
commodities to have cleared the channels of trade by June 16, 2010.
Therefore, EPA is proposing to revoke the tolerances in 40 CFR
180.258(a) on banana; corn, sweet, forage; corn, sweet, kernel plus cob
with husks removed; and corn, sweet, stover; each with an expiration/
revocation date of June 16, 2010.
    There are no Codex Maximum Residue Limits (MRLs) for ametryn.
    2. Amitraz. EPA approved cancellation of the last registration for
use of amitraz on pears by issuing a cancellation order on May 3, 2006
(71 FR 26083) (FRL-8059-5), and permitted the registrants for the
canceled registrations to sell and distribute existing stocks for 18
months (i.e., until November 3, 2007). Also, EPA permitted persons
other than the registrant to sell, distribute, and conforming to the
EPA-approved label and labeling of the products, use existing amitraz
pesticide stocks on pears until they are exhausted. The Agency believes
that end users have had sufficient time to exhaust those existing
stocks and for amitraz treated pear commodities to have cleared the
channels of trade. Therefore, EPA is proposing to revoke the tolerance
in 40 CFR 180.287(a) on pear.
    There are Codex MRLs for amitraz, including one on pome fruits at
0.5 milligrams/kilogram (mg/kg).
    3. Ammonium salts of higher fatty acids (C8-
C18 saturated; C8-C12 unsaturated).
Currently, there is an exemption from a tolerance in 40 CFR 180.1284
for ammonium salts of higher fatty acids (C8-C18
saturated; C8-C12 unsaturated) residues in or on
all food commodities when applied for the suppression and control of a
wide variety of grasses and weeds. However, since 1993, there are
existing product labels for the ammonium salts with instructions for
use in agricultural settings as a deer repellent to growing crops and
orchards with fruit present. Ammonium salts of fatty acids (ammonium
soap salts) have low acute toxicity by oral, dermal, or inhalation
routes of exposure. Due to the lack of effects at high doses in the
available studies, the nature of the fatty acids and their ubiquity in
nature, and the unlikelihood of prolonged human exposure via the oral
route due to the use patterns, the Agency continues to believe that it
is appropriate to waive all generic mammalian toxicity data
requirements for the soap salts. Therefore, the Agency determined that
the introductory text in 40 CFR 180.1284 should be revised from its
current form where it is limited to herbicide uses to be broad enough
to cover all the use patterns that exist for currently registered
products. Consequently, EPA is proposing to revise the introductory
text containing the tolerance expression in 40 CFR 180.1284 to read as
follows: ``Ammonium salts of C8-C18 saturated and
C8-C12 unsaturated higher fatty acids are
exempted from the requirement of a tolerance for residues in or on all
food commodities when used in accordance with good agricultural
practice.''
    There are no Codex MRLs for soap salts, including ammonium soap
salts.
    4. Bitertanol, [beta]-((1,1''-biphenyl)-4-yloxy)-[alpha]-(1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol. There have been no U.S.
registrations for bitertanol, a fungicide, since 1992. Based on
available foreign data that showed residues of bitertanol, [beta]-
((1,1''-biphenyl)-4-yloxy)-[alpha]-(1,1-dimethylethyl)-1H-1,2,4-
triazole-1-ethanol, as high as 0.76 parts per million (ppm) in or on
the green peel and 0.36 ppm in or on the green fruit of treated
unbagged bananas (washed and unwashed samples) at an exaggerated
application rate of 2X (0.26 lb active ingredient per acre per
application) the current application rate, the Agency believes residues
would be as high as 0.38 ppm at the current application rate (0.13
pounds active ingredient per acre per application). Although intended
for use on bagged bananas (where residues were <0.2 ppm) only,
application to unbagged bananas may occur. Therefore, the Agency
determined that the tolerance should be increased. It is the Agency's
policy to harmonize its tolerances with the levels established by Codex
provided that the Agency has sufficient information to make a
determination that the Codex MRLs meet FFDCA standards. Because the
dietary exposure and risk are not of concern, the Agency determined
that the U.S. tolerance for bitertanol residues on banana should be
increased from 0.2 to 0.5 ppm to harmonize with the Codex MRL (0.5 mg/
kg) on banana. Also, the existing paragraph in 40 CFR 180.457 should be
designated paragraph (a) because other paragraphs need to be reserved.
Therefore, EPA is proposing to revise the section heading from its
chemical name to bitertanol and designate the existing introductory
text as paragraph (a), add bitertanol as the name of the fungicide in
the introductory text, and increase the import tolerance for bitertanol
in 40 CFR 180.457(a) on banana to 0.5 ppm. The Agency determined that
the increased tolerance is safe; i.e., there is a reasonable certainty
that no harm will result from aggregate exposure to the pesticide
chemical residue.
    In accordance with current Agency practice, EPA is proposing to
revise 40 CFR 180.457 by adding paragraphs (b), (c), and (d), and
reserving those paragraphs for tolerances with section 18 emergency
exemptions, regional registrations, and indirect or inadvertent
residues, respectively.
    There are Codex MRLs for bitertanol, including one on banana at 0.5
mg/kg.
    5. Coppers. Copper is a natural trace element that is essential for
homeostasis in human health. As part of the reregistration process for
copper, the Agency determined that all food use copper compounds should
maintain their exemptions from the requirement of a tolerance in 40 CFR
180.1021. These exemptions are supported by the hazard assessment
(based on available literature and studies there is no indication of
systemic toxicity) as well as the exposure assessment (minimal
contribution of copper in the diet from pesticidal use). In general,
copper has moderate to low acute toxicity. Due to its ubiquitous
nature, lack of systemic toxicity, homeostatic mechanisms in humans,
and naturally occurring levels on raw agricultural commodities, the
Agency does not expect residues from agricultural pesticide use to
significantly contribute to the overall dietary intake of copper. Some
copper compounds (copper ammonia complex, copper oxychloride, copper
oxychloride sulfate, copper salts of fatty and rosin acids, and copper
sulfate pentahydrate) have registered agricultural uses on food crops,
and therefore should be included in 40 CFR 180.1021(b). Consequently,
EPA is proposing to establish exemptions from the requirement of a

tolerance in 40 CFR 180.1021(b) for copper ammonia complex (CAS Reg.
No. 16828-95-8), copper oxychloride (CAS Reg. No. 1332-65-6), copper
oxychloride sulfate (CAS Reg. No. 8012-69-9), copper salts of fatty and
rosin acids (CAS Reg. No. 9007-39-0), and copper sulfate pentahydrate
(CAS Reg. No. 7758-99-8).
    Also, copper oleate and copper linoleate have no active food use
registrations in the United States, and therefore their tolerance
exemptions in 40 CFR 180.1021(b) are no longer needed. On October 26,
1998 (63 FR 57062) (FRL-6035-8), in a batch final rule concerning
several active ingredients, including copper linoleate and copper
oleate, the Agency responded to public comments which requested that
the exemptions when applied to growing crops not be revoked (e.g., if
they covered copper salts of fatty and rosin acids), by not taking
action on them at that time. However, since EPA is proposing to
establish a tolerance exemption on copper salts of fatty and rosin
acids, that comment is resolved. Therefore, EPA is proposing to revoke
the tolerance exemptions in 40 CFR 180.1021(b) for copper linoleate and
copper oleate.
    Bordeaux mixture, copper-lime mixtures, copper sulfate basic, and
cupric oxide are listed among the copper compounds in 40 CFR
180.1021(b) which are exempt from the requirement of a tolerance when
applied as a fungicide to growing crops using good agricultural
practices. Because Bordeaux mixture and copper-lime mixtures contain
copper sulfate as the active ingredient, there is no reason for them to
have separate tolerance exemptions since their use is covered by copper
sulfate. Also, cupric oxide and copper oxychloride (CAS Reg. No. 1332-
40-7), which is a synonym for basic copper chloride, have no active
food use registrations in the United States, and therefore their
tolerance exemptions are no longer needed and should be revoked.
Therefore, EPA is proposing to revoke tolerance exemptions in 40 CFR
180.1021(b) for Bordeaux mixture, copper-lime mixtures, copper
oxychloride (CAS Reg. No. 1332-40-7), and cupric oxide.
    Although the copper RED recommended establishing tolerance
exemptions in Sec.  180.1021(b) for copper ammonium carbonate, and
copper in the form of chelates of citrate and gluconate, none of these
compounds currently has active registrations for application as a
fungicide to growing crops and therefore, do not need tolerance
exemptions.
    Many food commodities not treated with copper have naturally-
occurring levels of copper that are higher than those found in or on
pears as a result of residues from treated wrappers. In addition, the
Agency determined that toxicological data show that potential copper
residue levels from the use of treated pear wrappers do not pose a
significant risk to human health, and therefore, the tolerance in 40
CFR 180.136 at 3 ppm for residues of basic copper carbonate in or on
pear from postharvest use is no longer needed and should be revoked.
Therefore, EPA is proposing to revoke the tolerance in 40 CFR 180.136
for residues of the fungicide basic copper carbonate in or on pear from
postharvest use of the chemical.
    There is a tolerance in 40 CFR 180.538 at 1 ppm in water, potable
for residues of copper resulting from use of the algicides or
herbicides copper carbonate (malachite), copper sulfate, copper
monoethanolamine, and copper triethanolamine to control aquatic plants
in reservoirs, lakes, ponds, irrigation ditches, and other potential
sources of potable water. However, potable water is regulated under the
Safe Drinking Water Act, and the Office of Pesticide Programs in EPA no
longer establishes water tolerances. Thus, this tolerance is no longer
applicable to current regulations for managing copper residues in
drinking water and should be revoked. Therefore, EPA is proposing to
revoke the tolerance in 40 CFR 180.538 for residues of copper in
potable water. The Office of Ground Water and Drinking Water sets
drinking water standards and currently sets a Maximum Contaminant Level
Goal (MCLG) of 1.3 ppm and an Action Level of 1.3 ppm for copper.
    There are no Codex MRLs for coppers.
    6. Fluazifop-P-butyl. There have been no active food-use
registrations for use of fluazifop-P-butyl on spinach for more than 10
years; although there is currently one active non-food registration on
spinach grown for seed production which prohibits treated seed from
distribution for food or feed or portioned (e.g., seed screenings) for
food or feed. Because there are no current active food-use
registrations for use of fluazifop-P-butyl on spinach, the tolerance is
no longer needed and should be revoked. Therefore, EPA is proposing to
revoke the tolerance in 40 CFR 180.411(a) on spinach.
    There are no Codex MRLs for fluazifop-P-butyl.
    7. Malathion. Currently, tolerances for malathion are established
in 40 CFR 180.111(a)(1) for residues of the insecticide malathion, O,O-
dimethyl dithiophosphate of diethyl mercaptosuccinate. Based on
available plant metabolism data, the Agency determined that malathion
residues of concern in plants should include its metabolite, malaoxon,
O,O-dimethyl thiophosphate of diethyl mercaptosuccinate. However, in
the malathion RED, many plant commodity tolerances are recommended to
be decreased concomitant with product label changes to their use
patterns. No mitigation is required to address either acute or chronic
dietary risks from food alone. Acute dietary exposure from food alone
are below the Agency's level of concern at the 99.9th percentile of
exposure; i.e., exposure is 5% of the Acute Population Adjusted Dose
(aPAD) for the U.S. population and 11% of aPAD for all infants (<1 year
old), the most highly exposed population subgroup. Chronic dietary
exposure from food alone are below the Agency's level of concern; i.e.,
exposure is <1% of the Chronic Population Adjusted Dose (cPAD) for the
U.S. population and all population subgroups. Nevertheless, the
available data submitted by the registrants and approved by the Agency
and comments and feedback from the user community, and communication
with USDA and the technical registrant (regarding EPA's screening-level
ecological assessment that resulted in estimated acute risks to birds
and mammals which only slightly exceeded the Agency's level of concern)
supported many decreased plant tolerance levels associated with
specific reductions to use pattern parameters which would need to
appear on malathion product labels. These reductions may impact on
reducing potential exposure of non-target terrestrial and aquatic
organisms to malathion residues of concern. Because the Agency is still
in the process of obtaining the needed amended malathion product
labels, their associated plant tolerances will remain at their current
level in 40 CFR 180.111(a)(1) under the existing tolerance expression
there. When appropriate malathion product label changes for specific
plant commodity uses are provided to and approved by the Agency, EPA
expects to follow up and propose the recommended tolerance decreases in
a future publication in the Federal Register.
    In order to accommodate a proposed separation of plant and
livestock tolerances, EPA is proposing to redesignate in 40 CFR 180.111
currently existing paragraphs (a)(2) through (a)(5) as paragraphs
(a)(4) through (a)(7), respectively.

    Because EPA expects certain product label changes will be submitted
for its approval in the near future, the Agency will herein propose
tolerance actions recommended in the malathion RED for increasing or
establishing specific plant tolerances. Therefore, these tolerances
should be separated from other plant tolerances and moved from 40 CFR
180.111(a)(1) into a proposed new 40 CFR 180.111(a)(2) with a new
tolerance expression for the combined residues of malathion and
malaoxon. Consequently, EPA is proposing to add a new 40 CFR
180.111(a)(2) with the introductory text containing the tolerance
expression to read as follows: ``Tolerances are established for the
combined residues of the insecticide malathion (O,O-dimethyl
dithiophosphate of diethyl mercaptosuccinate) and its metabolite,
malaoxon (O,O-dimethyl thiophosphate of diethyl mercaptosuccinate), in
or on the following food commodities.''
    Based on dietary exposure to malathion, the Agency determined that
neither malathion nor malaoxon residues were observed in eggs, milk,
and animal tissues. However, active registrations with malathion use
for direct animal treatment still exist and need to be amended.
Furthermore, plant tolerances remaining in 40 CFR 180.111(a)(1) will be
addressed in the near future and moved under the revised tolerance
expression. Therefore, the current egg, milk, and livestock tolerances
in 40 CFR 180.111(a)(1) should be separated from the plant tolerances
and recodified in 40 CFR 180.111(a)(3). Consequently, EPA is proposing
to recodify the tolerances on cattle, fat (PRE-S); cattle, meat (PRE-
S); cattle, meat byproducts (PRE-S); goat, fat (PRE-S); goat, meat
(PRE-S); goat, meat byproducts (PRE-S); hog, fat (PRE-S); hog, meat
(PRE-S); hog, meat byproducts (PRE-S); horse, fat (PRE-S); horse, meat
(PRE-S); horse, meat byproducts (PRE-S); poultry, fat (PRE-S); poultry,
meat (PRE-S); poultry, meat byproducts (PRE-S); sheep, fat (PRE-S);
sheep, meat (PRE-S); sheep, meat byproducts (PRE-S); milk, fat (from
application to dairy cows) revised to milk, fat; and egg (from
application to poultry) revised to egg; from 40 CFR 180.111(a)(1) to a
proposed new paragraph (a)(3) and establish the introductory text
containing the tolerance expression in newly added 40 CFR 180.111(a)(3)
to read as follows: ``Tolerances are established for residues of the
insecticide malathion (O,O-dimethyl dithiophosphate of diethyl
mercaptosuccinate), in or on the following food commodities.'' Use of
the parenthetical ``(PRE-S)'' was discontinued by the Agency in a final
rule published in the Federal Register on July 1, 2003 (68 FR 39429)
(FRL-7308-9). Consequently, to comply with established Agency
nomenclature, the prenthetical will not be transferred to proposed
Sec.  180.111(a)(3).
    EPA determined that data on wheat straw may be translated to barley
straw, oat straw, and rye straw. Based on the translation of available
field trial data from wheat straw that showed combined malathion
residues of concern on wheat straw as high as 34.38 ppm, EPA determined
that malathion registrations for barley straw, oat straw, rye straw,
and wheat straw should specify for barley, rye, and wheat use a 12-hour
Restricted Entry Interval (REI). For Non-ULV (Non-Ultra-Low-Volume)
applications, the maximum application rate should specify pounds active
ingredient per acre per application as 1.25 for barley and 1.0 for
oats, rye, and wheat; a maximum number of applications per year as two
for barley, oats, rye, and wheat, and a minimum retreatment interval of
7 days for barley, oats, rye, and wheat. For ULV (Ultra-Low-Volume)
applications, the maximum application rate should specify 0.61 pounds
active ingredient per acre per application for barley, oats, rye, and
wheat; a maximum number of applications per year as one for rye and two
for barley, oats, and wheat; and a minimum retreatment interval as 7
days for barley, oats, rye, and wheat. The Agency also determined that
tolerances should be established for these straw commodities at 50 ppm.
Therefore, EPA is proposing to establish tolerances in proposed 40 CFR
180.111(a)(2) at 50 ppm on barley, straw; oat, straw; rye, straw; and
wheat, straw.
    In addition, EPA determined that data on wheat forage may be
translated to oat forage and rye forage. Based on the translation of
available field trial data from wheat forage that showed combined
malathion residues of concern on wheat forage as less than 2.35 ppm,
EPA determined that malathion registrations for oat forage, rye forage,
and wheat forage should specify for rye and wheat use a 12-hour REI.
For Non-ULV applications, the maximum application rate should specify
pounds of active ingredient per acre per application as 1.0 for oats,
rye, and wheat; a maximum number of applications per year as two for
oats, rye, and wheat, and a minimum retreatment interval of 7 days for
oats, rye, and wheat. For ULV applications, the maximum application
rate should specify 0.61 pounds active ingredient per acre per
application for oats, rye, and wheat; a maximum number of applications
per year as one for rye and two for oats and wheat; and a minimum
retreatment interval as 7 days for oats, rye, and wheat. The Agency
also determined that tolerances should be established for these forage
commodities at 4.0 ppm. Therefore, EPA is proposing to establish
tolerances in proposed 40 CFR 180.111(a)(2) at 4.0 ppm on oat, forage;
rye, forage; and wheat, forage.
    Based on available field trial data that showed combined malathion
residues of concern on field corn stover as high as 27.07 ppm, EPA
determined that malathion registrations for field corn use should
specify an REI of 72 hours for detasseling and 12 hours for all other
activities. For Non-ULV applications, the maximum application rate
should specify 1.0 pounds active ingredient per acre per application
using ground equipment, a maximum of two foliar applications per year,
a minimum retreatment interval of 7 days, and a 7-day PHI. For ULV
applications, the maximum application rate should specify 0.61 pounds
active ingredient per acre per application using aerial ULV equipment,
a maximum of two foliar applications per year, a minimum retreatment
interval of 7 days, and 7-day PHI. The Agency also determined that a
tolerance should be established on corn, field, stover at 30.0 ppm.
Therefore, EPA is proposing to establish a tolerance in proposed 40 CFR
180.111(a)(2) at 30.0 ppm on corn, field, stover.
    Based on available field trial data that showed combined malathion
residues of concern at less than the combined limit of quantitation
(LOQ) (<0.1 ppm) on watercress, EPA determined that malathion
registrations with Emulsifiable Concentrate (EC) formulation should
specify for watercress use a maximum of five foliar applications per
growing season at 1.25 pounds active ingredient (ai) per acre per
application using ground equipment, with minimum retreatment interval
of 3 days, and a 3-day PHI. The Agency also determined that a tolerance
should be established for watercress at 0.2 ppm. Therefore, EPA is
proposing to establish a tolerance in proposed 40 CFR 180.111(a)(2) at
0.2 ppm on watercress.
    Based on available field trial data that showed combined malathion
residues of concern on grass, forage and grass, hay as high as <190.2
ppm and 264 ppm respectively, EPA determined that malathion
registrations for all pertinent EC formulations should specify for
grass, forage and grass, hay use a maximum of one foliar application
per growing season at 1.25 pounds active ingredient per acre per
application using ground equipment with a 0-day

PHI, and for 9.79 lb/gal Ready-To-Use (RTU) formulations a maximum of
one foliar application per growing season at 0.92 pounds active
ingredient per acre per application using aerial ULV equipment with a
0-day PHI, and the tolerances on grass, forage and grass, hay in 40 CFR
180.111(a)(1) should be moved to proposed Sec.  180.111(a)(2) and
increased from 135 to 200 ppm and 135 to 270 ppm, respectively.
Therefore, EPA is proposing to move the tolerances on grass, forage and
grass, hay from 40 CFR 180.111(a)(1) to proposed Sec.  180.111(a)(2)
and increase them to 200 ppm and 270 ppm, respectively. The Agency
determined that the increased tolerances are safe; i.e., there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue.
    Based on available field trial data that showed combined malathion
residues of concern on cottonseed as high as 19.12 ppm, EPA determined
that the tolerance on cotton, undelinted seed in 40 CFR 180.111(a)(1)
should be moved to proposed Sec.  180.111(a)(2) and increased from 2 to
20 ppm. Therefore, EPA is proposing to move the tolerance on cotton,
undelinted seed from 40 CFR 180.111(a)(1) to proposed Sec.
180.111(a)(2) and increase it to 20.0 ppm. The Agency determined that
the increased tolerance is safe; i.e., there is a reasonable certainty
that no harm will result from aggregate exposure to the pesticide
chemical residue.
    In addition, EPA is proposing to revise commodity terminology to
conform to current Agency practice in 40 CFR 180.111(a)(1) as follows:
``beet (including tops)'' to ``beet, garden, roots'' and ``beet,
garden, tops,'' ``clover'' to ``clover, forage'' and ``clover, hay,''
``corn, forage'' to ``corn, field, forage'' and ``corn, sweet,
forage,'' ``garlic'' to ``garlic, bulb,'' ``onion (including green
onion)'' to ``onion, bulb'' and ``onion, green,'' ``orange, sweet'' to
``orange,'' ``rutabagas'' to ``rutabaga,'' ``sorghum, forage'' to
``sorghum, grain, forage,'' ``soybean (dry and succulent)'' to
``soybean, seed'' and ``soybean, vegetable, succulent,'' ``squash,
summer and winter'' to ``squash, summer'' and ``squash, winter,''
``sunflower, seed (Post-H)'' to ``sunflower, seed, postharvest,''
``turnip (including tops)'' to ``turnip, roots'' and ``turnip, tops,''
and ``vegetables, leafy, except brassica, group 4'' to ``vegetable,
leafy, except brassica, group 4.''
    There are Codex MRLs for malathion, including one on cotton seed at
20 mg/kg.
    8. Mineral oil. In the aliphatic solvents RED, which includes
mineral oil and aliphatic petroleum hydrocarbons, the Agency
recommended revoking the tolerances in 40 CFR 180.149(a)(2) on corn,
grain, postharvest and sorghum, grain, grain, postharvest because there
are currently no active U.S. registrations for mineral oil use as an
active ingredient on stored grain and none have existed since 1987; and
therefore, the tolerances are no longer needed. Consequently, EPA is
proposing to revoke the tolerances in 40 CFR 180.149(a)(2) on corn,
grain, postharvest and sorghum, grain, grain, postharvest. However, as
per the RED, the current exemption from the requirement of a tolerance
in 40 CFR 180.905 for petroleum oils, when applied to growing crops, in
accordance with good agricultural practice, is being maintained. The
Agency has no concerns for food uses of these mineral oils and
aliphatic petroleum hydrocarbons, as a result of their use as an active
ingredient. The acute and chronic oral toxicity of these materials is
extremely low.
    Also, given the proposed revocations in 40 CFR 180.149(a)(2),
described herein, there is no longer a need for the list of
characteristics for mineral oil in 40 CFR 180.149(a)(1). Therefore, EPA
is proposing to remove 40 CFR 180.149 in its entirety.
    There are no Codex MRLs for mineral oil.
    9. Pentachloronitrobenzene. Currently, tolerances for
pentachloronitrobenzene (PCNB) in 40 CFR 180.291(a) are established for
PCNB and tolerances in 40 CFR 180.291(b) are established for combined
residues of PCNB and its metabolites pentachloroaniline (PCA) and
methyl pentachlorophenyl sulfide (MPCPS). While there are currently 80
identified metabolites of PCNB, the Agency determined that for
enforcement purposes that the residues of concern in primary and
rotational crops and livestock are PCNB, PCA, and
pentachlorothioanisole (PCTA, the IUPAC name for MPCPS). Therefore, EPA
is proposing to revise the introductory text containing the tolerance
expression in 40 CFR 180.291(a) to read as follows: ``Tolerances are
established for the combined residues of the fungicide
pentachloronitrobenzene (PCNB) and its metabolites pentachloroaniline
(PCA), and pentachlorothioanisole (PCTA), in or on the following food
commodities.''
    In accordance with current Agency practice, EPA is proposing to
redesignate the regional tolerances from 40 CFR 180.291(b) as Sec.
180.291(c), and revise the commodity terminology ``mustard greens'' to
read ``mustard, greens.'' In addition, EPA is proposing to revise the
introductory text containing the tolerance expression in newly
designated 40 CFR 180.291(c) to read as follows: ``Tolerances with
regional registrations, as defined in Sec.  180.1(m), are established
for the combined residues of the fungicide pentachloronitrobenzene
(PCNB) and its metabolites pentachloroaniline (PCA), and
pentachlorothioanisole (PCTA), in or on the following food
commodities.''
    Also, in accordance with current Agency practice, EPA is proposing
to amend 40 CFR 180.291 by adding paragraphs (b) and (d), and reserving
those paragraphs for tolerances with section 18 emergency exemptions,
and indirect or inadvertent residues, respectively.
    Based on available field trial data for seed treatment use that
showed combined PCNB residues of concern as high as <0.015 ppm on
soybean seed and forage, and <0.016 ppm for soybean hay, the Agency
determined that tolerances should be established on soybean, seed;
soybean, forage; and soybean, hay; each at 0.02 ppm. Therefore, EPA is
proposing to establish tolerances in 40 CFR 180.291(a) on soybean,
seed; soybean, forage; and soybean, hay; each at 0.02 ppm.
    In addition, the Agency determined that the interim tolerances in
40 CFR 180.319 for PCNB on bean, broccoli, Brussels sprouts, cabbage,
cauliflower, garlic, pepper, potato, and tomato at 0.1 ppm and peanut
at 1.0 ppm should be converted to permanent tolerances for combined
PCNB residues of concern in 40 CFR 180.291(a). Also, the Agency
determined that the tolerances at 0.1 ppm on broccoli, Brussels
sprouts, cabbage, and cauliflower should be combined into a crop
subgroup tolerance (Brassica, head and stem, subgroup 5A at 0.1 ppm)
and the tolerances at 0.1 ppm on pepper and tomato should be combined
into a crop group tolerance (vegetable, fruiting, group 8 at 0.1 ppm).
Therefore, EPA is proposing to revoke the interim tolerances in 180.319
on bean, broccoli, Brussels sprouts, cabbage, cauliflower, garlic,
pepper, potato, and tomato at 0.1 ppm and peanut at 1.0 ppm. In
addition, EPA is proposing to establish permanent tolerances in
180.291(a) at 0.1 ppm on bean; Brassica, head and stem, subgroup 5A;
garlic, bulb; potato; and vegetable, fruiting, group 8, and at 1.0 ppm
on peanut.
    There are no Codex MRLs for PCNB.
    10. Prometryn. There have been no active registrations for use of
prometryn on corn since 1989, and therefore, the tolerance is no longer
needed and should be revoked. Consequently, EPA

is proposing to revoke the tolerance in 40 CFR 180.222(a) on corn,
grain.
    Although no prometryn residue data are available for cotton gin
byproducts, based on available prometryn residue data for cotton forage
showing residues as high as 0.84 ppm for applications up to 1.5X and a
cotton metabolism study, EPA determined that the tolerance on cotton,
gin byproducts should be established at 1.0 ppm. Therefore, the Agency
is proposing to establish a tolerance in 40 CFR 180.222(a) on cotton,
gin byproducts at 1.0 ppm.
    Available rotational field trials, where wheat and barley were
rotated with prometryn-treated cotton (1X treatment), showed residues
of prometryn as high as 0.13 ppm in five samples of forage and 0.09 ppm
in two samples of straw from the rotated crops. The other 23 forage and
16 straw samples, and all 18 grain samples had non-detectable (<0.05
ppm) residues of prometryn. Based on the available rotational data, the
Agency determined that a tolerance on small grains, forage and straw
should be established at 0.3 ppm, with a 3-month plant back interval
(PBI), under indirect or inadvertent residues because small grains are
rotated with prometryn treated cotton and recommended it in the 1995
RED. However, the Agency's current practice is to list small grains
with separate tolerances. Therefore, EPA is proposing to establish
tolerances for indirect and inadvertent residues in a revised 40 CFR
180.222(d) on barley, forage; barley, straw; oat, forage; oat, straw;
rye, forage, rye, straw; triticale, forage; triticale, straw; wheat,
forage; and wheat, straw; each at 0.3 ppm. Also, because 40 CFR
180.222(d) is currently reserved, EPA is proposing to establish the
introductory text as follows: ``Tolerances are established for indirect
or inadvertent residues of the herbicide prometryn, 2,4-
bis(isopropylamino)-6-methylthio-s-triazine, in or on the following
food commodities.''
    The Agency determined that the available rotational data on small
grain forage could be translated to hay by using a dry-matter
conversion; i.e., using a concentration factor of 2.9X based on the
percentage of dry matter in barley hay to barley forage (88% to 30%).
Based on the concentration factor of 2.9X, the Agency determined that a
tolerance on small grains, hay should be established at 1.0 ppm under
indirect or inadvertent residues because small grains are rotated with
prometryn treated cotton and recommended it in the 1995 RED. However,
the Agency's current practice is to list small grains with separate
tolerances. Therefore, EPA is proposing to establish tolerances for
indirect and inadvertent residues in proposed 40 CFR 180.222(d) on
barley, hay; oat, hay; rye, hay; triticale, hay; and wheat, hay; each
at 1.0 ppm.
    There are no Codex MRLs for prometryn.
    11. Sodium chlorate. Flax straw is no longer considered to be a
significant food/feed item by the Agency, and therefore is no longer
regulated as a commodity in accordance with ``Table 1. Raw Agricultural
and Processed Commodities and Feedstuffs Derived from Crops,'' which is
found in Residue Chemistry Test Guidelines OPPTS 860.1000, dated August
1996, available at http://www.epa.gov/opptsfrs/home/guidelin.htm.
Consequently, the Agency has determined that a flax, straw exemption
from a tolerance is no longer needed. Therefore, EPA is proposing to
revoke the exemption from a tolerance in 40 CFR 180.1020(a) on flax,
straw.
    Because the only time-limited exemption from a tolerance in 40 CFR
180.1020(b) for section 18 emergency exemptions for use of sodium
chlorate on wheat expired on December 31, 2006, EPA is proposing to
remove Sec.  180.1020(b) in it entirey and to redesignate 180.1020(a)
as Sec.  180.1020.
    According to current Agency practice, EPA is proposing to revise
the commodity terminology in newly designated Sec.  180.1020 as
follows: ``beans, dry, edible'' to ``bean, dry, seed,'' ``corn,
fodder'' to ``corn, field, stover,'' ``corn, pop, stover,'' and ``corn,
sweet, stover,'' ``corn, forage'' to ``corn, field, forage,'' and
``corn, sweet, forage,'' ``corn, grain'' to ``corn, field, grain'' and
``corn, pop, grain,'' ``cottonseed'' to ``cotton, undelinted seed,''
``flaxseed'' to ``flax, seed,'' ``guar beans'' to ``guar, seed,''
``peas, southern'' to ``pea, southern,'' ``peppers, chili'' to
``pepper, nonbell,'' ``potatoes'' to ``potato,'' ``rice'' to ``rice,
grain,'' safflower, grain'' to ``safflower, seed,'' ``sorghum, grain''
to ``sorghum, grain, grain,'' ``sorghum, fodder'' to `` sorghum, grain,
stover,'' ``sorghum, forage'' to ``sorghum, grain, forage'' and
``sorghum, forage, forage,'' ``soybeans'' to ``soybean, seed,'' and
``sunflower seed'' to ``sunflower, seed.''
    Based on available wheat field trial data that showed residues of
sodium chlorate as high as <2 ppm on the surface of their outer hulls
and rice without hulls data that showed no detectable residues (<1
ppm), EPA determined that registrations should specify for wheat use a
maximum of one application per season at 6 pounds active ingredient per
acre per application with a 3-day PHI and that no detectable residues
(<1 ppm) are expected once the hulls are removed from wheat grain
(either at harvest or during processing). Therefore, the Agency
believes that an exemption from the requirement of a tolerance is
appropriate for wheat, grain. Consequently, EPA is proposing to
establish an exemption from a tolerance in newly designated 40 CFR
180.1020 on wheat, grain.
    In addition, the Agency believes that the introductory text in
newly designated 40 CFR 180.1020 should be revised to specify defoliant
and desiccant use only and use on crops rather than raw agricultural
commodities since it is registered for preharvest and foliar
applications as a defoliant or desiccant. Consequently, EPA is
proposing to revise the introductory text in newly designated 40 CFR
180.1020 to read as follows: ``Sodium chlorate is exempted from the
requirement of a tolerance for residues when used as a defoliant or
desiccant in accordance with good agricultural practice on the
following crops:''
    There are no Codex MRLs for sodium chlorate.
    12. Triadimenol, Beta-(4-chlorophenoxy)-a-(1,1-dimethylethyl)-1H-
1,2,4-triazole-1-ethanol. In the Federal Register notice of September
12, 2008 (73 FR 53007) (FRL-8380-7), EPA issued a notice regarding
EPA's announcement on the receipt of requests from the registrant to
voluntarily cancel specific triadimenol registrations and therefore
terminate the last triadimenol uses for sorghum. EPA approved
cancellation of the registrations by issuing letters as the final
cancellation order with the close of the comment period, and made the
last one for sorghum effective on March 11, 2009, and permitted the
registrants for the canceled registrations to sell and distribute
existing stocks until September 11, 2009. Also, EPA permitted persons
other than the registrant to sell, distribute, and conforming to the
EPA-approved label and labeling of the products, use existing
triadimenol pesticide stocks on sorghum until they are exhausted. The
Agency believes that end users will have had sufficient time to exhaust
those existing stocks and for triadimenol treated sorghum commodities
to have cleared the channels of trade by September 11, 2010. Therefore,
EPA is proposing to revise the terminology in 40 CFR 180.450(a) for the
term ``sorghum, forage'' to read ``sorghum, grain, forage'' and revoke
the tolerances in 40 CFR 180.450 on ``sorghum, grain, forage,''
``sorghum, grain, grain,'' and ``sorghum, grain, stover,'' each with an
``expiration/revocation'' date of September 11, 2010. With these
changes EPA is proposing to revise the commodity table in 40 CFR
180.450(a).

    There are no Codex MRLs for triadimenol on sorghum.

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

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

C. When Do These Actions Become Effective?

    With the exception of certain tolerances for ametryn and
triadimenol for which EPA is proposing specific expiration/revocation
dates, the Agency is proposing that these revocations, modifications,
establishments of tolerances/tolerance exemptions, and revisions of
tolerance nomenclature become effective on the date of publication of
the final rule in the Federal Register. With the exception of the
proposed revocation of specific tolerances for ametryn and triadimenol,
the Agency believes that existing stocks of pesticide products labeled
for the

uses associated with the tolerances/tolerance exemptions proposed for
revocation have been completely exhausted and that treated commodities
have cleared the channels of trade. EPA is proposing expiration/
revocation dates of June 16, 2010 for ametryn tolerances on banana;
corn, sweet, forage; corn, sweet, kernel plus cob with husks removed;
and corn, sweet, stover; and September 11, 2010 for triadimenol
tolerances on sorghum, grain, forage; sorghum, grain, grain; and
sorghum, grain, stover. The Agency believes that these revocation dates
allow users to exhaust stocks and allow sufficient time for passage of
treated commodities through the channels of trade. However, if EPA is
presented with information that existing stocks would still be
available and that information is verified, the Agency will consider
extending the expiration date of the tolerance. If you have comments
regarding existing stocks and whether the proposed effective date
allows sufficient time for treated commodities to clear the channels of
trade, please submit comments as described under SUPPLEMENTARY
INFORMATION.
    Any commodities listed in this proposal treated with the pesticides
subject to this proposal, and in the channels of trade following the
tolerance revocations, shall be subject to FFDCA section 408(l)(5), as
established by FQPA. Under this unit, any residues of these pesticides
in or on such food shall not render the food adulterated so long as it
is shown to the satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA,
and
    2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates when the
pesticide was applied to such food.

III. Are the Proposed Actions Consistent with International
Obligations?

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

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish tolerances
under FFDCA section 408(e), and also modify and revoke specific
tolerances established under FFDCA section 408. The Office of
Management and Budget (OMB) has exempted these types of actions (e.g.,
establishment and modification of a tolerance and tolerance revocation
for which extraordinary circumstances do not exist) from review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993). Because this proposed rule has been exempted
from review under Executive Order 12866 due to its lack of
significance, this proposed rule is not subject to Executive Order
13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001).
This proposed rule does not contain any information collections subject
to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501
et seq., or impose any enforceable duty or contain any unfunded mandate
as described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Public Law 104-4). Nor does it require any special
considerations as required by Executive Order 12898, entitled Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review
or any other Agency action under Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997). This action does not involve any
technical standards that would require Agency consideration of
voluntary consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d) (15 U.S.C. 272 note). Pursuant to the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency previously
assessed whether establishment of tolerances, exemptions from
tolerances, raising of tolerance levels, expansion of exemptions, or
revocations might significantly impact a substantial number of small
entities and concluded that, as a general matter, these actions do not
impose a significant economic impact on a substantial number of small
entities. These analyses for tolerance establishments and
modifications, and for tolerance revocations were published on May 4,
1981 (46 FR 24950) and on December 17, 1997 (62 FR 66020) (FRL-5753-1),
respectively, and were provided to the Chief Counsel for Advocacy of
the Small Business Administration. Taking into account this analysis,
and available 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: May 6, 2009.
Debra Edwards,
Director, Office of Pesticide Programs.

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

PART 180--[AMENDED]

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

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

    2. Section 180.111 is amended by revising the table in paragraph
(a)(1), redesignating paragraphs (a)(2) through (a)(5) as paragraphs
(a)(4) through (a)(7), respectively, and adding new paragraphs (a)(2)
and (a)(3), and by revising newly designated paragraph (a)(6) to read
as follows:

Sec. 180.111  Malathion; tolerances for residues.

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

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa....................................................          135
Almond, hulls..............................................           50
Almond, postharvest........................................            8
Apple......................................................            8
Apricot....................................................            8
Asparagus..................................................            8
Avocado....................................................            8
Barley, grain, postharvest.................................            8
Bean.......................................................            8
Beet, garden, roots........................................            8
Beet, garden, tops.........................................            8
Beet, sugar, roots.........................................            1
Beet, sugar, tops..........................................            8
Blackberry.................................................            8
Blueberry..................................................            8
Boysenberry................................................            8
Carrot, roots..............................................            8
Chayote, fruit.............................................            8
Chayote, roots.............................................            8
Cherry.....................................................            8
Chestnut...................................................            1
Clover, forage.............................................          135
Clover, hay................................................          135
Corn, field, forage........................................            8
Corn, grain, postharvest...................................            8
Corn, sweet, forage........................................            8
Corn, sweet, kernel plus cob with husks removed............            2
Cowpea, forage.............................................          135
Cowpea, hay................................................          135
Cranberry..................................................            8
Cucumber...................................................            8
Currant....................................................            8
Date, dried fruit..........................................            8
Dewberry...................................................            8
Eggplant...................................................            8
Fig........................................................            8
Flax, seed.................................................          0.1
Garlic, bulb...............................................            8
Gooseberry.................................................            8
Grape......................................................            8
Grapefruit.................................................            8
Guava......................................................            8
Hazelnut...................................................            1
Hop, dried cones...........................................            1
Horseradish................................................            8
Kumquat....................................................            8
Leek.......................................................            8
Lemon......................................................            8
Lentil, seed...............................................            8
Lespedeza, hay.............................................          135
Lime.......................................................            8
Loganberry.................................................            8
Lupin, seed................................................            8
Mango......................................................            8
Melon......................................................            8
Mushroom...................................................            8
Nectarine..................................................            8
Nut, macadamia.............................................            1
Oat, grain, postharvest....................................            8
Okra.......................................................            8
Onion, bulb................................................            8
Onion, green...............................................            8
Orange.....................................................            8
Papaya.....................................................            1
Parsnip....................................................            8
Passionfruit...............................................            8
Pea........................................................            8
Pea, field, hay............................................            8
Pea, field, vines..........................................            8
Peach......................................................            8
Peanut, hay................................................          135
Peanut, postharvest........................................            8
Pear.......................................................            8
Pecan......................................................            8
Pepper.....................................................            8
Peppermint, tops...........................................            8
Pineapple..................................................            8
Plum.......................................................            8
Plum, prune................................................            8
Potato.....................................................            8
Pumpkin....................................................            8
Quince.....................................................            8
Radish.....................................................            8
Raspberry..................................................            8
Rice, grain, postharvest...................................            8
Rice, wild.................................................            8
Rutabaga...................................................            8
Rye, grain, postharvest....................................            8
Safflower, seed............................................          0.2
Salsify (including tops)...................................            8
Shallot, bulb..............................................            8
Sorghum, grain, forage.....................................            8
Sorghum, grain, grain, postharvest.........................            8
Soybean, forage............................................          135
Soybean, hay...............................................          135
Soybean, seed..............................................            8
Soybean, vegetable, succulent..............................            8
Spearmint, tops............................................            8
Squash, summer.............................................            8
Squash, winter.............................................            8
Strawberry.................................................            8
Sunflower, seed, postharvest...............................            8
Sweet potato, roots........................................            1
Tangerine..................................................            8
Tomato.....................................................            8
Trefoil, forage............................................          135
Trefoil, hay...............................................          135
Turnip, roots..............................................            8
Turnip, tops...............................................            8
Vegetable, brassica, leafy, group 5........................            8
Vegetable, leafy, except brassica, group 4.................            8
Vetch, hay.................................................          135
Walnut.....................................................            8
Wheat, grain, postharvest..................................            8
------------------------------------------------------------------------

    (2) Tolerances are established for the combined residues of the
insecticide malathion (O,O-dimethyl dithiophosphate of diethyl
mercaptosuccinate) and its metabolite, malaoxon (O,O-dimethyl
thiophosphate of diethyl mercaptosuccinate), in or on the following
food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, straw..............................................           50
Corn, field, stover........................................         30.0
Cotton, undelinted seed....................................         20.0
Grass, forage..............................................          200
Grass, hay.................................................          270
Oat, forage................................................          4.0
Oat straw..................................................           50
Rye, forage................................................          4.0
Rye, straw.................................................           50
Watercress.................................................          0.2
Wheat, forage..............................................          4.0
Wheat, straw...............................................           50
------------------------------------------------------------------------

    (3) Tolerances are established for residues of the insecticide
malathion (O,O-dimethyl dithiophosphate of diethyl mercaptosuccinate),
in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................            4
Cattle, meat\1\............................................            4
Cattle, meat byproducts\1\.................................            4
Egg........................................................          0.1
Goat, fat..................................................            4
Goat, meat\1\..............................................            4
Goat, meat byproducts\1\...................................            4
Hog, fat...................................................            4
Hog, meat\1\...............................................            4
Hog, meat byproducts\1\....................................            4
Horse, fat.................................................            4
Horse, meat\1\.............................................            4
Horse, meat byproducts\1\..................................            4
Milk, fat..................................................          0.5
Poultry, fat...............................................            4
Poultry, meat\1\...........................................            4
Poultry, meat byproducts\1\................................            4
Sheep, fat.................................................            4
Sheep, meat\1\.............................................            4
Sheep, meat byproducts\1\..................................           4
------------------------------------------------------------------------
\1\The tolerance level shall not be exceeded in any cut of meat or in
  any meat byproducts from cattle, goat, hog, horse, poultry, or sheep.

* * * * *
    (6) Malathion may be safely used for the control of insects during
the drying of grape (raisins) in compliance with paragraph (a)(4) of
this section by incorporation into paper trays in amounts not exceeding
100 milligrams per square foot.
* * * * *

Sec. 180.136  [Removed]

    3. Section 180.136 is removed.

Sec.  180.149  [Removed]

    4. Section 180.149 is removed.
    5. Section 180.222 is amended by revising the table in paragraph
(a), and by revising paragraph (d) to read as follows:

Sec. 180.222  Prometryn; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Carrot, roots\1\...........................................          0.1
Celery.....................................................          0.5
Cotton, gin byproducts.....................................          1.0
Cotton, undelinted seed....................................         0.25
Pea, pigeon, seed..........................................        0.25
------------------------------------------------------------------------
\1\ There are no U.S. registrations as of April 10, 1998 for use on
  carrots.

* * * * *
    (d) Indirect or inadvertent residues. Tolerances are established
for indirect or inadvertent residues of the herbicide prometryn, 2,4-
bis(isopropylamino)-6-methylthio-s-triazine, in or on the following
food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, forage.............................................          0.3
Barley, hay................................................          1.0
Barley, straw..............................................          0.3
Oat, forage................................................          0.3
Oat, hay...................................................          1.0
Oat, straw.................................................          0.3
Rye, forage................................................          0.3
Rye, hay...................................................          1.0
Rye, straw.................................................          0.3
Triticale, forage..........................................          0.3
Triticale, hay.............................................          1.0
Triticale, straw...........................................          0.3
Wheat, forage..............................................          0.3
Wheat, hay.................................................          1.0
Wheat, straw...............................................          0.3
------------------------------------------------------------------------

    6. Section 180.258 is amended by revising the table in paragraph
(a) to read as follows:

Sec. 180.258  Ametryn; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                             Expiration/
                    Commodity                     Parts per   Revocation
                                                   million       Date
------------------------------------------------------------------------
Banana..........................................       0.25     6/16/10
Corn, field, forage.............................        0.1        None
Corn, field, grain..............................       0.05        None
Corn, field, stover.............................       0.05        None
Corn, pop, grain................................       0.05        None
Corn, pop, stover...............................       0.05        None
Corn, sweet, forage.............................        0.5     6/16/10
Corn, sweet, kernel plus cob with husks removed.       0.25     6/16/10
Corn, sweet, stover.............................        0.5     6/16/10
Pineapple.......................................       0.05        None
Sugarcane, cane.................................       0.05        None
------------------------------------------------------------------------

* * * * *

Sec.  180.287  [Amended]

    7. Section 180.287 is amended by removing the entry for ``pear''
from the table in paragraph (a).
    8. Section 180.291 is revised to read as follows:

Sec. 180.291  Pentachloronitrobenzene; tolerances for residues.

    (a) General. Tolerances are established for the combined residues
of the fungicide pentachloronitrobenzene (PCNB) and its metabolites
pentachloroaniline (PCA), and pentachlorothioanisole (PCTA), in or on
the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Bean.......................................................          0.1
Brassica, head and stem, subgroup 5A.......................          0.1
Cotton, undelinted seed....................................          0.1
Garlic, bulb...............................................          0.1
Peanut.....................................................          1.0
Potato.....................................................          0.1
Soybean, forage............................................         0.02
Soybean, hay...............................................         0.02
Soybean, seed..............................................         0.02
Vegetable, fruiting, group 8...............................          0.1
------------------------------------------------------------------------

     (b) Section 18 emergency exemptions. [Reserved]
     (c) Tolerances with regional registrations. Tolerances with
regional registrations, as defined in Sec.  180.1(m), are established
for the combined residues of the fungicide pentachloronitrobenzene
(PCNB) and its metabolites pentachloroaniline (PCA), and
pentachlorothioanisole (PCTA), in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Collards...................................................          0.2
Kale.......................................................          0.2
Mustard, greens............................................          0.2
------------------------------------------------------------------------

     (d) Indirect or inadvertent residues. [Reserved]

Sec.  180.319  [Amended]

    9. Section 180.319 is amended by removing the entire entry for
``pentachloronitrobenzene'' from the table.

Sec.  180.411  [Amended]

    10. Section 180.411 is amended by removing the entry for
``spinach'' from the table in paragraph (a).

    11. Section 180.450 is amended by revising the table in paragraph
(a) to read as follows:

Sec. 180.450  Beta-(4-Chlorophenoxy)-alpha-(1,1-dimethylethyl)-1H-
1,2,4-triazole-1-ethanol; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                            Expiration/
                  Commodity                    Parts per    Revocation
                                                million        Date
------------------------------------------------------------------------
Banana \1\...................................        0.2            None
Barley, grain................................       0.05            None
Barley, straw................................        0.2            None
Corn, field, forage..........................       0.05            None
Corn, field, grain...........................       0.05            None
Corn, field, stover..........................       0.05            None
Corn, pop, grain.............................       0.05            None
Corn, pop, stover............................       0.05            None
Corn, sweet, forage..........................       0.05            None
Corn, sweet, kernel plus cob with husks             0.05            None
 removed.....................................
Corn, sweet, stover..........................       0.05            None
Cotton, undelinted seed......................       0.02            None
Oat, forage..................................        2.5            None
Oat grain....................................       0.05            None
Oat, straw...................................        0.2            None
Rye, forage..................................        2.5            None
Rye, grain...................................       0.05            None
Rye, straw...................................        0.1            None
Sorghum, grain, forage.......................       0.05         9/11/10
Sorghum, grain, grain........................       0.01         9/11/10
Sorghum, grain, stover.......................       0.01         9/11/10
Wheat, forage................................        2.5            None
Wheat, grain.................................       0.05            None
Wheat, straw.................................        0.2           None
------------------------------------------------------------------------
\1\ There are no U.S. registrations for banana (whole) as of September
  22, 1993.

* * * * *
    12. Section 180.457 is revised to read as follows:

Sec. 180.457  Bitertanol, tolerances for residues.

    (a) A tolerance is established for the residues of the fungicide
bitertanol, [beta]-([1,1'-biphenyl]-4-yloxy)-[alpha]-(1,1-
dimethylethyl)-1H-1,2,4-triazole-1-ethanol in or on the following raw
agricultural commodity:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Banana.....................................................         0.5
------------------------------------------------------------------------
There are no U.S. registrations as of April 1, 1992.

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

Sec.  180.538  [Removed]

    13. Section 180.538 is removed.
    14. Section 180.1020 is revised to read as follows:

Sec. 180.1020  Sodium chlorate; exemption from the requirement of a
tolerance.

    Sodium chlorate is exempted from the requirement of a tolerance for
residues when used as a defoliant or desiccant in accordance with good
agricultural practice on the following crops: bean, dry, seed; corn,
field, forage; corn, field, grain; corn, field, stover; corn, pop,
grain; corn, pop, stover; corn, sweet, forage; corn, sweet, stover;
cotton, undelinted seed; flax, seed; guar, seed; pea, southern; pepper,
nonbell; potato; rice, grain; rice, straw; safflower, seed; sorghum,
forage, forage; sorghum, grain, forage; sorghum, grain, grain; sorghum,
grain, stover; soybean, seed; sunflower, seed; and wheat, grain.
    15. Section 180.1021 is amended by revising paragraph (b) to read
as follows:

Sec. 180.1021  Copper; exemption from the requirement of a tolerance.

* * * * *
    (b) The following copper compounds are exempt from the requirement
of a tolerance when applied (primarily) as a fungicide to growing crops
using good agricultural practices:

------------------------------------------------------------------------
                   Copper compounds                       CAS Reg. No.
------------------------------------------------------------------------
Basic copper carbonate (malachite)...................          1184-64-1
Copper ammonia complex...............................         16828-95-8
Copper ethylenediamine complex.......................         13426-91-0
Copper hydroxide.....................................         20427-59-2
Copper octanoate.....................................         20543-04-8
Copper oxychloride...................................          1332-65-6
Copper oxychloride sulfate...........................          8012-69-9
Copper salts of fatty and rosin acids................          9007-39-0
Copper sulfate basic.................................          1344-73-6
Copper sulfate pentahydrate..........................          7758-99-8
Cuprous oxide........................................          1317-19-1
------------------------------------------------------------------------

* * * * *
    16. Section 180.1284 is revised to read as follows:

Sec. 180.1284  Ammonium salts of higher fatty acids (C8-
C18 saturated; C8-C12 unsaturated);
exemption from the requirement of a tolerance.

    Ammonium salts of C8-C18 saturated and
C8-C12 unsaturated higher fatty acids are
exempted from the requirement of a tolerance for residues in or on all
food commodities when used in accordance with good agricultural
practice.

[FR Doc. E9-11172 Filed 5-12-09; 8:45 am]

BILLING CODE 6560-50-S