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 email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM the specific information that is
[[Page 28157]]
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 60day period to that effect, EPA will not proceed to revoke the tolerance immediately. However, EPA will take steps to ensure the submission of any needed supporting data and will issue an order in the Federal Register under FFDCA section 408(f), if needed. The order would specify data needed and the timeframes for its submission, and would require that within 90 days some person or persons notify EPA that they will submit the data. If the data are not submitted as required in the order, EPA will take appropriate action under FFDCA.

EPA issues a final rule after considering comments that are submitted in response to this proposed rule. In addition to submitting comments in response to this proposal, you may also submit an objection at the time of the final rule. If you fail to file an objection to the final rule within the time period specified, you will have waived the right to raise any issues resolved in the final rule. After the specified time, issues resolved in the final rule cannot be raised again in any subsequent proceedings.
II. Background

A. What Action is the Agency Taking?

EPA is proposing to revoke, modify, and establish specific tolerances for residues of the fungicides dicloran and thiophanate methyl; the herbicides dicamba, EPTC, hexazinone, picloram, and propazine; the defoliant and herbicide cacodylic acid; the plant growth regulator and herbicide diquat, the insecticides disulfoton, malathion, methamidophos, methomyl, phosmet, piperonyl butoxide, pyrethrins, and thiodicarb; the fumigant antimicrobial and insecticide methyl bromide, the nematicides/insecticides ethoprop and fenamiphos; and the insecticide synergist Noctyl bicycloheptene dicarboximide; revoke the tolerance exemptions for the insecticide/miticide pyrethrum and insecticide synergist Noctyl bicycloheptene dicarboximide; remove certain expired tolerances for disulfoton, fenamiphos, and thiophanate methyl; and reinstate specific tolerances for methamidophos residues as a result of the application of the insecticide acephate in or on commodities listed in the regulatory text.

EPA is proposing these tolerance/tolerance exemption actions to implement the tolerance recommendations made during the reregistration and tolerance reassessment processes (including followup 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 452422419; telephone number: 1 8004909198; fax number: 15134898695; Internet at http:// www.epa.gov/ncepihom and from the National Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161; telephone number: 18005536847 or (703) 6056000; Internet at http:// www.ntis.gov. Electronic copies of REDs and TREDs are available on the Internet in public dockets; REDs for cacodylic acid (EPAHQOPP2006 0201), dicamba (EPAHQOPP20050479), ethoprop (EPAHQOPP20020269), malathion (EPAHQOPP20040348), Noctyl bicycloheptene dicarboximide (EPAHQOPP20050040), pyrethrum (see pyrethrins RED in EPAHQOPP 20050043), and thiophanatemethyl (EPAHQOPP20040265), and TREDs for hexazinone (EPAHQOPP20020188) and propazine (EPAHQOPP2005 0496) at http://www.regulations.gov and REDs for acephate, EPTC, methamidophos, phosmet, and picloram 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:

Explanations for proposed modifications in tolerances 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 dicamba, ethoprop (Data Requirements and Tolerance Reassessment), hexazinone, malathion, Noctyl bicycloheptene dicarboximide, propazine, pyrethrum (see pyrethrins), and thiophanatemethyl can be found under their respective public docket ID numbers, identified in Unit II.A. Electronic copies are also available in public dockets for acephate (EPAHQOPP20070445), cacodylic acid (EPAHQOPP20060201), methamidophos (EPAHQOPP2007 0261), and phosmet (EPAHQOPP20080834), and for EPTC 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 EPAHQOPP20100262, 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/tolerance exemptions 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/tolerance exemptions 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/tolerance exemptions 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. Acephate. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.108(a)(1) to read as follows:

Tolerances are established for residues of acephate, O,S dimethyl acetyl phosphoramidothioate, including its metabolites and degradates other than methamidophos, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only acephate, O,Sdimethyl acetyl phosphoramidothioate, in or on the commodity.

In the Federal Register of January 29, 2008 (73 FR 5104) (FRL8348 8), EPA revised the tolerance expression for acephate in 40 CFR 180.108 from the combined residues of acephate, O,Sdimethyl acetyl phosphoramidothioate, and methamidophos, O,Sdimethyl
phosphoramidothioate, to residues of acephate per se, removed the terminology ``of which no more than 1 ppm, 0.5 ppm, or 0.1 ppm is O,S dimethyl phosphoramidothioate'' from tolerances on bean (succulent and dry); Brussels sprouts; cauliflower; celery; cranberry; lettuce, head; mint hay, and pepper; and footnoted that residues of the acephate metabolite, methamidophos, are regulated under 40 CFR 180.315. However, the basis for this action was in error, as methamidophos tolerances for bean, dry, seed; bean, succulent; cranberry; peppermint, tops; and spearmint, tops had not in fact been established in 40 CFR 180.315. To remedy this inadvertent error, the Agency proposes to reinstate the 40 CFR 180.108 tolerances. Consequently, EPA is proposing to separate tolerances for residues of methamidophos from the application of acephate in newly designated 40 CFR 180.108(a)(3), with the introductory text to read as follows:

Tolerances are established for residues of methamidophos, O,S dimethyl phosphoramidothioate, including its metabolites and degradates, in or on the commodities in the table in this paragraph as a result of the application of acephate. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only methamidophos, O,Sdimethyl phosphoramidothioate, in or on the commodity.

In addition, EPA is proposing to reinstate the tolerances in 40 CFR 180.108(a)(3) on bean, dry, seed at 1 ppm; bean, succulent at 1 ppm; Brussels sprouts at 0.5 ppm; cauliflower at 0.5 ppm (which is in harmony with the Codex maximumn residue limits (MRL) of 0.5 milligrams/ kilogram (mg/kg) on cauliflower); celery 1 ppm; cranberry at 0.1 ppm; lettuce, head at 1 ppm; pepper at 1 ppm; and reinstate mint hay, revising the tolerance terminology to peppermint, tops at 1 ppm and spearmint, tops at 1 ppm. On January 29, 2008, EPA published a final rule in the Federal Register (73 FR 5104) (FRL83488), which finalized tolerance actions for several active ingredients, including acephate, and which increased the tolerances in 40 CFR 180.108(a)(1) for acephate residues in or on mint hay (peppermint, tops and spearmint, tops) from 15.0 to 27.0 ppm. Consequently, methamidophos residues resulting from acephate application are expected by the Agency to be increased from 1.0 to 2.0 ppm in or on peppermint, tops and spearmint, tops. However, the Agency is not proposing an increase on the peppermint, tops and spearmint, tops tolerances for methamidophos residues at this time.

Based on available data that showed residues of acephate were as high as 0.02 ppm for only one of seven exposed food items following both a spot treatment and crack/crevice treatment for rooms treated with acephate at the 1x rate and residues of methamidophos were undetectable from these acephate treatments, the Agency determined that a tolerance level of 0.02 ppm for acephate residues was appropriate and that there was no expectation of methamidophos residues and therefore no methamidophos tolerance was needed concerning food handling establishments. Consequently, compliance with the tolerance at 0.02 ppm in 40 CFR 180.108(a)(2) should continue to be determined by measuring only acephate residues. However, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.108(a)(2), to read as follows:

A tolerance of 0.02 ppm is established for residues of acephate, O,Sdimethyl acetyl phosphoramidothioate, including its metabolites and degradates other than methamidophos, in or on all food items [[Page 28159]]
(other than those already covered by a higher tolerance as a result of use on growing crops) in food handling establishments where food and food products are held, processed, prepared and served, including food service, manufacturing and processing establishments, such as restaurants, cafeterias, supermarkets, bakeries, breweries, dairies, meat slaughtering and packing plants, and canneries, where application of acephate shall be limited solely to spot and/or crack and crevice treatment (a coarse, lowpressure spray shall be used to avoid atomization or splashing of the spray for spot treatments; equipment capable of delivering a pinstream of insecticide shall be used for crack and crevice treatments). Spray concentration shall be limited to a maximum of 1.0 percent active ingredient. Contamination of food or foodcontact surfaces shall be avoided. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only acephate, O,Sdimethyl acetyl

phosphoramidothioate, in or on the commodity.

Because EPA is proposing to revise 40 CFR 180.108(a)(2) and include text from 40 CFR 180.108(a)(2)(i) and (a)(2)(ii), existing paragraphs (a)(2)(i) and (a)(2)(ii) are no longer needed. Therefore, EPA is proposing to remove 40 CFR 180.108(a)(2)(i) and (a)(2)(ii).

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the regional tolerance expression in 40 CFR 180.108(c) to read as follows:

A tolerance with a regional registration is established for residues of acephate, O,Sdimethyl acetyl phosphoramidothioate, including its metabolites and degradates other than methamidophos, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only acephate, O,Sdimethyl acetyl

phosphoramidothioate, in or on the commodity.

Also, EPA is proposing to revise the table footnote in 40 CFR 180.108(a)(1) and add a table footnote in 40 CFR 180.108(c) to read as follows:

Where there is a direct use of methamidophos on the commodity, residues of methamidophos resulting from methamidophos application are regulated under 40 CFR 180.315.

There are Codex MRLs for acephate, including those on beans, except broad bean and soya bean at 5 mg/kg, cauliflower at 2 mg/kg, cranberry at 0.5 mg/kg, peppers, chili (dry) at 50 mg/kg, and other commodities.

2. Cacodylic acid. In the Federal Register notice of July 8, 2009 (74 FR 32596) (FRL84226), EPA issued a notice regarding EPA's announcement of the receipt of requests from registrants to voluntarily cancel certain registrations, including ones for cacodylic acid (and sodium salt) and therefore terminate the last cacodylic acid (and sodium salt) uses in or on cotton. After the close of the 30day comment period, EPA approved cancellation of certain registrations, including the cacodylic acid (and sodium salt) registrations for uses in or on cotton and issued a cancellation order in the Federal Register notice of September 30, 2009 (74 FR 50187)(FRL84377), made them effective on September 30, 2009, and prohibited the registrants for the canceled cacodylic acid (and sodium salt) registrations to sell and distribute existing stocks after December 31, 2009. Also, EPA prohibited persons other than the registrant to sell and distribute the canceled cacodylic acid (and sodium salt) existing stocks after December 31, 2010. The Agency believes that end users will have had sufficient time to exhaust those existing stocks and for treated cotton commodities to have cleared the channels of trade by January 1, 2012. The termination of the last cacodylic acid (and sodium salt) uses in or on cotton means that the tolerance will no longer be needed and should be revoked with an expiration/revocation date. Therefore, EPA is proposing to revoke the tolerance in 40 CFR 180.311(a) on cotton, undelinted seed with an expiration/revocation date of January 1, 2012.

Currently, tolerances are expressed for the defoliant cacodylic acid in 40 CFR 180.311(a) for residues of cacodylic acid
(dimethylarsinic acid), expressed as As2O3. In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.311(a) to read as follows:

A tolerance is established for residues of the defoliant cacodylic acid, dimethylarsinic acid, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only those cacodylic acid residues convertible to As2O3, expressed as the stoichiometric equivalent of cacodylic acid, in or on the commodity.

There are no Codex MRLs for cacodylic acid.

3. Dicamba. Based on available processing data that showed an average concentration factor of 24.4X for molasses and the Highest Average Field Trial (HAFT) residue of 0.183 ppm for sugarcane, EPA determined that the expected combined dicamba residues of concern in sugarcane molasses are 4.465 ppm, and that the currently established tolerance of 2.0 ppm for sugarcane molasses should be increased from 2.0 to 5.0 ppm. Therefore, the Agency is proposing to increase the tolerance in 40 CFR 180.227(a)(1) on sugarcane, molasses to 5.0 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.

Based on available sugarcane field trial data that showed combined dicamba residues of concern as high as 0.2 ppm in or on sugarcane harvested 87173 days following a single layby application at 2.0 lb dicamba acid equivalents per acre (ae/A), EPA determined that the tolerance should be increased from 0.1 to 0.3 ppm. While the available data, conducted at an application rate of 2.0 lb dicamba ae/A, do not support the maximum seasonal single/yearly rate of 2.8 lb dicamba ae/A that was listed in the Dicamba Master Use Profile, the Agency determined that the available data was adequate provided the registrants revise their product labels to specify a maximum seasonal rate of 2.0 lb dicamba ae/A and an 87day preharvest interval (PHI) for sugarcane or submit additional data on sugarcane reflecting a maximum single/yearly rate of 2.8 lb dicamba ae/A. In response to the Data CallIn (DCI) of June 27, 2008 that was issued to registrants, including the basic manufacturer BASF, BASF requested a waiver of the sugarcane study at 2.8 lb dicamba ae/A and cited MRID 44089302, and accepted rate limitations of 1 lb dicamba ae/A for single application, and an annual rate limitation of 2 lb dicamba ae/A. The Agency considers that available data to be sufficient provided product labels specify a maximum seasonal rate of 2.0 lb dicamba ae/A and an 87day PHI for sugarcane. Therefore, because the current tolerance on sugarcane, cane at 0.1 ppm is too low, based on the available data, EPA is proposing to increase the tolerance in 40 CFR 180.227(a)(1) on sugarcane, cane to 0.3 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 order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.227(a)(1) to read as follows:

Tolerances are established for residues of the herbicide dicamba, 3,6dichlorooanisic
[[Page 28160]]
acid, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of dicamba, 3,6dichlorooanisic acid, and its metabolite, 3,6dichloro5hydroxyoanisic acid, calculated as the stoichiometric equivalent of dicamba, in or on the commodity.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.227(a)(2) to read as follows:

Tolerances are established for residues of the herbicide dicamba, 3,6dichlorooanisic acid, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of dicamba, 3,6dichloro oanisic acid, and its metabolite, 3,6dichloro2hydroxybenzoic acid, calculated as the stoichiometric equivalent of dicamba, in or on the commodity.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.227(a)(3) to read as follows:

Tolerances are established for residues of the herbicide dicamba, 3,6dichlorooanisic acid, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of dicamba, 3,6dichloro oanisic acid, and its metabolites, 3,6dichloro5hydroxyoanisic acid, and 3,6dichloro2hydroxybenzoic acid, calculated as the stoichiometric equivalent of dicamba, in or on the commodity.

There are no Codex MRLs for dicamba.

4. Dicloran (DCNA). On December 2, 2009, EPA published a notice in the Federal Register (74 FR 63151) (FRL88004) that announced the Agency's receipt of requests from the registrants to voluntarily amend certain dicloran registrations and therefore terminate the last dicloran uses on carrots. EPA approved amendment of the affected DCNA registrations by publishing a cancellation order on March 31, 2010 in the Federal Register (75 FR 16105) (FRL88158) and made them effective on November 2, 2010, and permitted the dicloran registrant to sell and distribute existing dicloran stocks (concerning the last uses for carrots) until November 2, 2010. For all affected dicloran products, the Agency permitted persons other than the registrant to sell and distribute existing stocks and use of those cancelled products until exhaustion. However, the Agency believes that end users will have had sufficient time to exhaust those existing stocks and for treated carrot commodities to have cleared the channels of trade by November 2, 2011. Therefore, EPA is proposing to revoke the tolerance in 40 CFR 180.200(a)(1) for carrot, roots, postharvest with an expiration/ revocation date of November 2, 2011.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.200(a)(1) to read as follows:

Tolerances are established for residues of the fungicide dicloran, 2,6dichloro4nitroaniline, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only dicloran, 2,6dichloro4
nitroaniline, in or on the commodity. Unless otherwise specified, these tolerances prescribed in this paragraph provide for residues from preharvest application only.

There are Codex MRLs for dicloran, including an MRL on carrot at 15 mg/kg, and MRLs on other plant commodities.

5. Diquat. Currently, the only active registrations for diquat use on both sorghum grain and soybeans are for seed crops, and both uses have restrictions to not graze or feed treated forage to livestock and not use seed from treated plants for food, feed, or oil purposes. Given the restrictions, such uses are considered by the Agency to be non food, and therefore the tolerances are no longer needed and should be revoked. Consequently, EPA is proposing to revoke the tolerances in 40 CFR 180.226(a)(1) on sorghum, grain, grain and soybean, seed.

There are Codex MRLs for diquat on sorghum at 2 mg/kg and on soybean (dry) at 0.2 mg/kg.

6. Disulfoton. On July 22, 2009, EPA published a notice in the Federal Register (74 FR 36204) (FRL84272) that announced the Agency's receipt of requests from the registrants to voluntarily cancel all disulfoton and methamidophos registrations and therefore terminate the last disulfoton and methamidophos products registered for use in the United States, including the last disulfoton uses on asparagus, lima and snap beans, broccoli, Brussels sprouts, cabbage, cauliflower, coffee, cotton, and lettuce. EPA approved cancellation of the registrations by publishing a cancellation order on September 23, 2009 in the Federal Register (74 FR 48551) (FRL84371) and made them effective on September 23, 2009, and permitted the disulfoton registrants to sell and distribute existing disulfoton stocks (concerning the last uses for asparagus, lima and snap beans, broccoli, Brussels sprouts, cabbage, cauliflower, cotton, and lettuce) until December 31, 2010 and stocks of a single registration (264723) with the last coffee use until June 30, 2011. For all affected disulfoton products, the Agency permitted persons other than the registrant to sell and distribute existing stocks and use of those cancelled products until exhaustion. However, the Agency believes that end users will have had sufficient time to exhaust those existing stocks and for treated asparagus, lima and snap beans, broccoli, Brussels sprouts, cabbage, cauliflower, cotton, and lettuce commodities to have cleared the channels of trade by December 31, 2012 and treated coffee commodities to have cleared the channels of trade by June 30, 2013. Therefore, EPA is proposing to revoke the tolerances in 40 CFR 180.183(a) for bean, lima; bean, snap, succulent; broccoli; Brussels sprouts; cabbage; cauliflower; cotton, undelinted seed; lettuce, head; and lettuce, leaf with expiration/revocation dates of December 31, 2012. Also, because there had been only active FIFRA section 24(c) registrations for use of disulfoton on asparagus, EPA is proposing to revoke the regional tolerance in 40 CFR 180.183(c) on asparagus with an expiration/ revocation date of December 31, 2012. In addition, EPA is proposing to revoke the tolerance in 40 CFR 180.183(a) for coffee, green bean with an expiration/revocation date of June 30, 2013.

Because the tolerances for combined disulfoton residues of concern expired on October 14, 2009, EPA is proposing to remove the tolerances in 40 CFR 180.183(a) on spinach and tomato. Also, because the tolerances for combined disulfoton residues of concern expired on January 30, 2010, EPA is proposing to remove the tolerances in 40 CFR 180.183(a) on barley, grain; barley, straw; cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; goat, meat byproducts; grain, aspirated fractions; hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; horse, meat byproducts; milk; peanut; pepper; potato; sheep, fat; sheep, meat; sheep, meat byproducts; wheat, grain; wheat, hay; and wheat, straw.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the section heading in 40 CFR 180.183 from O,Odiethyl S(2
[[Page 28161]]
(ethylthio)ethyl) phosphorodithioate to disulfoton and revise the introductory text containing the tolerance expression in 40 CFR 180.183(a) to read as follows:

Tolerances are established for residues of the insecticide disulfoton, O,Odiethyl S(2(ethylthio)ethyl) phosphorodithioate, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of disulfoton, O,Odiethyl S(2(ethylthio)ethyl)
phosphorodithioate, and its metabolites demetonS,O,Odiethyl S(2 (ethylthio)ethyl) phosphorothioate; disulfoton sulfoxide, O,O diethyl S(2(ethylsulfinyl)ethyl) phosphorodithioate; disulfoton oxygen analog sulfoxide, O,Odiethyl S(2(ethylsulfinyl)ethyl) phosphorothioate, disulfoton sulfone, O,Odiethyl S(2
(ethylsulfonyl)ethyl) phosphorodithioate; and disulfoton oxygen analog sulfone, O,Odiethyl S(2(ethylsulfonyl)ethyl)
phosphorothioate; calculated as the stoichiometric equivalent of disulfoton, in or on the commodity.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the regional tolerance expression in 40 CFR 180.183(c) to read as follows:

A tolerance with regional registration is established for residues of the insecticide disulfoton, O,Odiethyl S(2
(ethylthio)ethyl) phosphorodithioate, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of disulfoton, O,O diethyl S(2(ethylthio)ethyl) phosphorodithioate, and its
metabolites demetonS, O,Odiethyl S(2(ethylthio)ethyl)
phosphorothioate; disulfoton sulfoxide, O,Odiethyl S(2
(ethylsulfinyl)ethyl) phosphorodithioate; disulfoton oxygen analog sulfoxide, O,Odiethyl S(2(ethylsulfinyl)ethyl) phosphorothioate, disulfoton sulfone, O,Odiethyl S(2(ethylsulfonyl)ethyl)
phosphorodithioate; and disulfoton oxygen analog sulfone, O,O diethyl S(2(ethylsulfonyl)ethyl) phosphorothioate; calculated as the stoichiometric equivalent of disulfoton, in or on the commodity.

There are Codex MRLs for disulfoton, including those on asparagus at 0.02 mg/kg, coffee beans at 0.2 mg/kg, common bean (pods and/or immature seeds) at 0.2 mg/kg, cotton, seed at 0.1 mg/kg, and other commodities.

7. EPTC. Because cotton forage is no longer considered by the Agency to be a significant livestock feed commodity as delineated in ``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/publications/OPPTS_Harmonized/860_Residue_ Chemistry_Test_Guidelines/Series/), EPA determined that the tolerance is no longer needed, and therefore should be revoked. Consequently, the Agency is proposing to revoke the tolerance in 40 CFR 180.117 for residues of Sethyl dipropylthiocarbamate (EPTC) in or on cotton, forage.

Because there have been no active Sethyl dipropylthiocarbamate registrations in the United States for use on asparagus, small fruits (including strawberries), flax seeds, and pineapples for more than 10 years, the tolerances are no longer needed and therefore should be revoked. Consequently, EPA is proposing to revoke the tolerances in 40 CFR 180.117 on asparagus; fruit, small; strawberry; flax, seed; and pineapple.

Because castor beans and oil products are not consumed by humans or livestock, EPA determined that the tolerance is no longer needed and therefore should be revoked. Consequently, EPA is proposing to revoke the tolerance in 40 CFR 180.117 on castorbean, seed.

EPA is proposing, in 40 CFR 180.117, to remove the ``(N)'' designation from all entries to conform to current Agency
administrative practice (``N'' designation means negligible residues). Also, tolerances are currently established in 40 CFR 180.117 for negligible residues of the herbicide Sethyl dipropylthiocarbamate, also called EPTC. EPA determined that EPTC plant residues of toxicological concern are EPTC, EPTC sulfoxide, EPTC sulfone, and the EPTC conjugates (glutathione, cysteine, Nmalonyl cysteine, Slactic acid, and Omalonyl Slactic acid conjugates). However, the Agency concurred with the registrant's position that development of a single enforcement analytical method that can detect each of these residues was not feasible. Because development of an enforcement analytical method for the hydroxylated metabolites (Sethyl (2
hydroxypropyl)propylcarbamothioate, S(2
hydroxyethyl)dipropylcarbamothioate, and Sethyl (3
hydroxypropyl)propylcarbamothioate) was feasible, the Agency concurred with the registrant's recommendation that EPTC and its hydroxylated metabolites be used as marker residues of EPTC residues of toxicological concern. Therefore, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to redesignate the existing paragraph from 40 CFR 180.117 to 180.117(a) and revise the introductory text containing the tolerance expression in newly designated 40 CFR 180.117(a) to include its hydroxylated metabolites as marker residues of Sethyl dipropylthiocarbamate residues of toxicological concern (i.e., markers of EPTC, EPTC sulfoxide, EPTC sulfone, and the EPTC conjugates resulting from the glutathioneStransferase pathway), to read as follows:

Tolerances are established for residues of the herbicide Sethyl dipropylthiocarbamate, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of Sethyl
dipropylthiocarbamate, Sethyl (2
hydroxypropyl)propylcarbamothioate, S(2
hydroxyethyl)dipropylcarbamothioate, and Sethyl (3
hydroxypropyl)propylcarbamothioate, calculated as the stoichiometric equivalent of Sethyl dipropylthiocarbamate, in or on the commodity.

The majority of the current crop groupings for residues of EPTC are based on obsolete crop groupings and, for many, the minimum data requirements for the establishment of crop group tolerances were not satisfied. Therefore, in the EPTC RED, the Agency recommended revocation of crop group tolerances, concomitant with the establishment of individual tolerances for the affected commodities.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were <0.09 ppm in or on potatoes and <0.11 ppm in on sugar beet roots, the Agency determined that the tolerance for the obsolete group, vegetable, root, should be revoked and individual tolerances should be established for beet, garden, roots; beet, sugar, roots; potato; and sweet potato (based on translation of available data from potatoes). Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on vegetable, root at 0.1 ppm and establish tolerances on beet, garden, roots at 0.1 ppm; beet, sugar, roots at 0.1 ppm; potato at 0.1 ppm; and sweet potato, roots at 0.1 ppm. Also, based on processing data that showed combined residues of EPTC and its hydroxylated metabolites were as high as <0.80 ppm in molasses that was processed from the raw agricultural commodity (sugar beet roots) with residues as high as <0.2 ppm (after application at 2X the maximum exposure rate), the Agency determined that combined residues had concentrated in molasses by a factor of 4X and that after a 1X application on sugar beet roots, residues in molasses
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would be expected at <0.1 ppm. Therefore, EPA is proposing to establish a tolerance in newly designated and revised 40 CFR 180.117(a) on beet, sugar, molasses at 0.4 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were non detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated metabolites; i.e., the Limit of Quantitation (LOQ) of the enforcement method for EPTC and its hydroxylated metabolites, respectively) in or on almond nutmeats and hulls, and walnut nutmeats, the Agency determined that the tolerance for the obsolete group, nut, should be revoked and individual tolerances should be established for almond, nutmeat and walnut, nutmeat; each at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated metabolites), and decrease almond, hulls from 0.1 ppm to 0.08 ppm. Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on nut at 0.1 ppm and establish tolerances on almond at 0.08 ppm and walnut at 0.08 ppm, and decrease the tolerance on almond, hulls to 0.08 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were non detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated metabolites; i.e., the LOQ of the enforcement method for EPTC and its hydroxylated metabolites, respectively) in or on tomatoes, the Agency determined that the tolerance for the obsolete group, vegetable, fruiting, should be revoked and an individual tolerance should be established for tomato at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated metabolites). Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on vegetable, fruiting at 0.1 ppm and establish a tolerance on tomato at 0.08 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate were nondetectable (<0.05 ppm) in or on alfalfa forage and hay, and clover forage and hay, and maximum total residues of EPTC hydroxylated metabolites were 0.18 ppm in or on alfalfa forage, 0.61 ppm in or on alfalfa hay, 0.01 ppm in or on clover forage, and 0.05 ppm in or on clover hay, the Agency determined that the tolerance for the obsolete group, legume, forage, should be revoked and individual tolerances should be established for alfalfa, forage at 0.2 ppm and alfalfa, hay at 0.6 ppm, clover, forage at 0.1 ppm, and clover, hay at 0.1 ppm. Also, the Agency determined that the data for clover forage and hay can be translated to the forage and hay of trefoil and lespedeza, and therefore individual tolerances for each of them should be established at 0.1 ppm. Consequently, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on legume, forage at 0.1 ppm and establish tolerances on alfalfa, forage at 0.2 ppm, alfalfa, hay at 0.6 ppm, clover, forage at 0.1 ppm, clover, hay at 0.1 ppm, lespedeza, forage at 0.1 ppm, lespedeza, hay at 0.1 ppm, trefoil, forage at 0.1 ppm, and trefoil, hay at 0.1 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate were nondetectable (<0.05 ppm) in or on sugar beet tops, and maximum total residues of EPTC and its hydroxylated metabolites were <0.47 ppm in or on sugar beet tops, the Agency determined that the tolerance for the obsolete group, vegetable, leafy, should be revoked and individual tolerances should be established for beet, garden, tops at 0.5 ppm and beet, sugar, tops at 0.5 ppm. Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on vegetable, leafy at 0.1 ppm and establish tolerances on beet, garden, tops at 0.5 ppm and beet, sugar, tops at 0.5 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were non detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated metabolites; i.e., the LOQ of the enforcement method for EPTC and its hydroxylated metabolites, respectively) in or on beans (succulent and dry), the Agency determined that the tolerance for the obsolete group, vegetable, seed and pod, should be revoked and individual tolerances should be established for bean, dry, seed; bean, succulent; and pea, succulent (based on translation of available data from succulent beans); each at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated metabolites). Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on vegetable, seed and pod at 0.1 ppm and establish tolerances on bean, dry, seed at 0.08 ppm, bean, succulent at 0.08 ppm, and pea, succulent at 0.08 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were non detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated metabolites; i.e., the LOQ of the enforcement method for EPTC and its hydroxylated metabolites, respectively) in or on field corn grain or sweet corn ear, the Agency determined that the tolerance for the obsolete group, grain, crop, should be revoked, data could be translated from field corn grain to popcorn grain, and individual tolerances should be established for corn, field, grain; corn, pop, grain; and corn, sweet, kernel plus cob with husks removed; each at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated metabolites). Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on grain, crop at 0.1 ppm and establish tolerances on corn, field, grain at 0.08 ppm, corn, pop, grain at 0.08 ppm, and corn, sweet, kernel plus cob with husks removed at 0.08 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were non detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated metabolites; i.e., the LOQ of the enforcement method for EPTC and its hydroxylated metabolites, respectively) in or on field corn forage and stover, and sweet corn forage and ears, the Agency determined that the tolerance for the obsolete group, grass, forage, should be revoked, data could be translated from field corn stover to popcorn stover, and individual tolerances should be established for corn, field, forage; corn, field, stover; corn, pop, stover; corn, sweet, forage; and corn, sweet, stover; each at 0.08 ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated metabolites). Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to revoke the tolerance on grass, forage at 0.1 ppm and establish tolerances on corn, field, forage at 0.08 ppm, corn, field, stover at 0.08 ppm, corn, pop, stover at 0.08 ppm, corn, sweet, forage at 0.08 ppm, and corn, sweet, stover at 0.08 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were non detectable (<0.05 ppm and <0.01 ppm for each of the three hydroxylated metabolites; i.e., the LOQ of the enforcement method for EPTC and its hydroxylated metabolites, respectively) in or on cottonseed, safflower seeds, and sunflower seeds, the Agency determined that the tolerances on cottonseed, safflower seed, and sunflower seed should be decreased from 0.1 to 0.08
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ppm (0.05 ppm for EPTC and 0.03 ppm for the combined hydroxylated metabolites). Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to decrease the tolerances on cotton, undelinted seed to 0.08 ppm; safflower, seed to 0.08 ppm; and sunflower, seed to 0.08 ppm.

Based on available field trial data that showed residues of Sethyl dipropylthiocarbamate and its hydroxylated metabolites were <0.05 ppm for EPTC and each of the three hydroxylated metabolites (total combined residues were <0.20 ppm) in or on cotton gin byproducts, the Agency determined that a tolerance should be established at 0.20 ppm. Therefore, EPA is proposing in newly designated and revised 40 CFR 180.117(a) to establish a tolerance on cotton, gin byproducts at 0.20 ppm.

In accordance with current Agency practice, EPA is proposing to revise 40 CFR 180.117 by adding separate paragraphs (b), (c), and (d), and reserving those paragraphs with tolerance exemptions for section 18 emergency exemptions, tolerances with regional registrations, and tolerances with indirect or inadvertent residues, respectively. Also EPA is proposing to revise the nomenclature and tolerance in newly designated and revised 40 CFR 180.117(a) from ``fruit, citrus'' to ``fruit, citrus, group 10.''

There are no Codex MRLs for EPTC.

8. Ethoprop. On May 27, 2009, EPA published a notice in the Federal Register (74 FR 25237) (FRL84182) that announced the Agency's receipt of request from the registrant to voluntarily amend a registration and therefore terminate the last ethoprop use in the United States on pineapple. EPA approved amendment of the registration by issuing a cancellation order on July 9, 2009 to the registrant, made it effective on July 23, 2009, and permitted the registrant to sell and distribute existing ethoprop stocks of the amended registration (concerning pineapple use deletion) for 18 months after July 9, 2009; i.e., until January 9, 2011. The Agency permitted persons other than the registrant to sell and distribute existing stocks and use of the affected ethoprop product until exhaustion. However, the Agency believes that end users will have had sufficient time to exhaust those existing stocks and for ethoprop treated pineapple commodities to have cleared the channels of trade by January 9, 2012. Therefore, EPA is proposing to revoke the tolerance in 40 CFR 180.262(a) for pineapple with an expiration/ revocation date of January 9, 2012.

Because there have been no active registrations in the United States for ethoprop use on popcorn for more than 10 years, and therefore, tolerances covering popcorn use are no longer needed, EPA is proposing to revoke the tolerances in 40 CFR 180.262(a) on corn, pop, grain and corn, pop, stover.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.262(a) to read as follows:

Tolerances are established for residues of the nematocide and insecticide ethoprop, Oethyl S,Sdipropyl phosphorodithioate, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only ethoprop, Oethyl S,Sdipropyl phosphorodithioate, in or on the commodity.

There are no Codex MRLs for ethoprophos on pineapple or corn, but there are MRLs for ethoprophos on other commodities.

9. Fenamiphos. There have been no active food use registrations for fenamiphos in the United States since 2007. In a proposed rule that EPA published in the Federal Register on February 6, 2008 (73 FR 6867) (FRL83452), the Agency proposed specific tolerances for multiple pesticide active ingredients, including fenamiphos, and stated that Bayer CropScience informed the Agency that it would support fenamiphos tolerances on citrus and garlic, among others, for import purposes since there were no active domestic registrations for those uses. In January 2010, Bayer CropScience informed EPA that it no longer was interested in supporting import tolerances for residues of fenamiphos in or on citrus and garlic, but would continue to support import tolerances for residues of fenamiphos in or on banana, grape, and pineapple. Because no one other than Bayer CropScience expressed an interest in retaining the fenamiphos tolerances on citrus and garlic, there is no longer a need for them. Therefore, EPA is proposing to revoke the tolerances in 40 CFR 180.349(a) on citrus, dried pulp; citrus, oil; fruit, citrus, group 10; and garlic; add a missing footnote to the tolerance for grape, raisin to reflect that it has no U.S. registrations, and revise the footnoted information for all remaining tolerances to reflect the effective cancellation date of the last fenamiphos registrations in the United States to be as of May 31, 2007.

Because the tolerances expired on December 31, 2009, EPA is proposing to remove the tolerances in 40 CFR 180.349(a) on apple; Brussels sprouts; cabbage; cherry, sweet; cherry, tart; eggplant; okra; peach; peanut; raspberry; and strawberry; in 180.349(c) on asparagus; beet, garden, roots; beet, garden, tops; cabbage, Chinese, bok choy; kiwifruit; and pepper, nonbell; and reserve paragraph (c).

Also, in order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.349(a) to read as follows:

Tolerances are established for residues of the nematicide/ insecticide fenamiphos, ethyl 3methyl4(methylthio)phenyl 1
(methylethyl)phosphoramidate, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of fenamiphos, ethyl 3 methyl4(methylthio)phenyl 1(methylethyl)phosphoramidate, and its cholinesterase inhibiting metabolites ethyl 3methyl4
(methylsulfinyl)phenyl 1(methylethyl)phosphoramidate and ethyl 3 methyl4(methylsulfonyl)phenyl 1(methylethyl)phosphoramidate, calculated as the stoichiometric equivalent of fenamiphos, in or on the commodity.

There are Codex MRLs for fenamiphos, including those on apple; banana; Brussels sprouts; cabbages, head; and peanut at 0.05 mg/kg, and other commodities.

10. Hexazinone. Currently, tolerances are expressed for the herbicide hexazinone in 40 CFR 180.396(a)(1) for the combined residues of hexazinone (3cyclohexyl6(dimethylamino)1methyl1,3,5triazine 2,4(1H, 3H)dione) and its plant metabolites; A (3(4
hydroxycyclohexyl)6(dimethylamino)1methyl1,3,5triazine2,4(1H, 3H)dione, B (3cyclohexyl6(methylamino)1methyl1,3,5triazine2,4 (1H, 3H)dione), C (3(4hydroxycyclohexyl)6(methylamino)1methyl 1,3,5triazine2,4(1H, 3H)dione), D (3cyclohexyl)1methyl1,3,5 triazine2,4,6(1H, 3H, 5H)trione), and E (3(4hydroxycyclohexyl)1 methyl1,3,5triazine2,4,6(1H, 3H, 5H)trione) (calculated as hexazinone). In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.396(a)(1) to read as follows:

Tolerances are established for residues of the herbicide hexazinone, 3cyclohexyl6(dimethylamino)1methyl1,3,5triazine 2,4(1H, 3H)dione, including its metabolites and degradates, in or on the commodities in the
[[Page 28164]]
table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of hexazinone, 3cyclohexyl6(dimethylamino)1methyl
1,3,5triazine2,4(1H, 3H)dione, and its plant metabolites:
metabolite A, 3(4hydroxycyclohexyl)6(dimethylamino)1methyl
1,3,5triazine2,4(1H, 3H)dione, metabolite B, 3cyclohexyl6
(methylamino)1methyl1,3,5triazine2,4(1H, 3H)dione, metabolite C, 3(4hydroxycyclohexyl)6(methylamino)1methyl1,3,5triazine
2,4(1H, 3H)dione, metabolite D, 3cyclohexyl1methyl1,3,5
triazine2,4,6(1H, 3H, 5H)trione, and metabolite E, 3(4
hydroxycyclohexyl)1methyl1,3,5triazine2,4,6(1H, 3H, 5H)
trione, calculated as the stoichiometric equivalent of hexazinone, in or on the commodity.

Based on available field trial data that showed combined hexazinone residues of concern as high as 183 ppm in or on grass forage at a 0day PHI and 133 ppm in or on grass, hay at a 14 to 38day PHI, EPA determined that the tolerance for grass forage should be increased from 10 to 250 ppm, and a tolerance for grass hay should be established at 230 ppm. Therefore, EPA is proposing to increase the tolerance in 40 CFR 180.396(a)(1) on grass, forage to 250 ppm and establish a tolerance in 40 CFR 180.396(a)(1) on grass, hay at 230 ppm. The Agency determined that the increased tolerance is safe; i.e., there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue.

Based on available field trial data that showed combined hexazinone residues of concern as high as <3.33 ppm in or on alfalfa hay, EPA determined that the tolerance on alfalfa hay should be decreased from 8.0 to 4.0 ppm. Therefore, the Agency is proposing in 40 CFR 180.396(a)(1) to decrease the tolerance on alfalfa, hay to 4.0 ppm.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.396(a)(2) to read as follows:

Tolerances are established for residues of the herbicide hexazinone, 3cyclohexyl6(dimethylamino)1methyl1,3,5triazine 2,4(1H, 3H)dione, including its metabolites and degradates, in or on the commodities in the table in this paragraph. Compliance with the tolerance levels specified in this paragraph is to be determined by measuring only the sum of hexazinone, 3cyclohexyl6
(dimethylamino)1methyl1,3,5triazine2,4(1H, 3H)dione, and its animal tissue metabolites: metabolite B, 3cyclohexyl6
(methylamino)1methyl1,3,5triazine2,4(1H, 3H)dione, and
metabolite F, 3cyclohexyl6amino1methyl1,3,5triazine2,4(1H, 3H)dione, calculated as the stoichiometric equivalent of

hexazinone, in or on the commodity.

In order to describe more clearly the measurement and scope or coverage of the tolerances, EPA is proposing to revise the introductory text containing the tolerance expression in 40 CFR 180.396(a)(3) to read as follows:

A tolerance is established for residues of the herbicide hexazinone, 3cyclohexyl6(dimethylamino)1methyl1,3,5triazine 2,4(1H, 3H)dione, including its metabolites and degradates, in or on the commodity in the table in this paragraph. Compliance with the tolerance level specified in this paragraph is to be determined by measuring only the sum of hexazinone, 3cyclohexyl6
(dimethylamino)1methyl1,3,5triazine2,4(1H, 3H)dione, and its metabolites: metabolite B, 3cyclohexyl6(methylamino)1methyl 1,3,5triazine2,4(1H, 3H)dione, metabolite C, 3(4
hydroxycyclohexyl)6(methylamino)1methyl1,3,5triazine2,4(1H, 3H)dione, metabolite C2, 3(3hydroxycyclohexyl)6(methylamino) 1methyl1,3,5triazine2,4(1H, 3H)dione, and metabolite F, 3
cyclohexyl6amino1methyl1,3,5triazine2,4(1H, 3H)dione,
calculated as the stoichiometric equivalent of hexazinone, in or on the commodity.

In the Federal Register of September 27, 2006 (71 FR 56392) (FRL 80896), EPA published a final tolerance rule for several active pesticide ingredients, including hexazinone. Because the Agency received a comment from DuPont Crop Protection which stated that it would be submitting grass residue data and expected increased residues that would warrant revision of existing tolerances for both grass and hay as livestock feed commodities, EPA did not finalize revocation of certain livestock tolerances for hexazinone, in 40 CFR 180.396, at that time. Upon review of the submitted data, EPA has determined that tolerances on the fat of cattle, goats, hogs, horses, and sheep should be maintained at 0.1 ppm. However, based on available field trial data for grass and hay, and a recalculation of dietary burden that show the maximum total hexazinone residues were 3.85 ppm in liver, 2.19 ppm in kidney, 0.32 ppm in muscle, <0.1 ppm in fat, and 11.09 ppm in milk, the Agency determined that meat byproduct tolerances of cattle, goats, hogs, horses, and sheep should be increased from 0.1 to 4.0 ppm; meat tolerances of cattle, goats, hogs, horses, and sheep should be increased from 0.1 to 0.5 ppm, and the milk tolerance should be increased from 0.2 to 11 ppm. Therefore, EPA is proposing to increase the tolerances in 40 CFR 180.396(a)(2) on cattle, meat byproducts; goat, meat byproducts; hog, meat byproducts; horse, meat byproducts; and sheep, meat byproducts; each to 4.0 ppm; and on cattle, meat; goat, meat; hog, meat; horse, meat; and sheep, meat; each to 0.5 ppm. Also, EPA is proposing to increase the tolerance in 40 CFR 180.396(a)(3) on milk to 11 ppm. The Agency determined that the increased tolerances are safe; i.e., there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue.

Also, in the Federal Register of September 27, 2006 (71 FR 56392), EPA agreed with a comment from DuPont Crop Protection which stated that registrations for use of hexazinone on sugarcane in Florida are active and that the current regional tolerances for sugarcane be designated as general tolerances. Therefore, EPA is proposing to revoke the regional tolerances in 40 CFR 180.396(c) on sugarcane, cane at 0.6 ppm and sugarcane, molasses at 4.0 ppm, reserve paragraph (c) for tolerances with regional registrations, and establish tolerances in 40 CFR 180.396(a)(1) on sugarcane, cane at 0.6 ppm and sugarcane, molasses at 4.0 ppm.

There are no Codex MRLs for hexazinone.

11. Malathion. Based on available ruminant and poultry metabolism data at exaggerated feeding rates of malathiontreated livestock feeds and that no active registrations for direct animal treatment with malathion have existed since March 2005, EPA determined that there is no reasonable expectation of finite residues of malathion in fat, meat, and meat byproducts of cattle, goats, hogs, horses, poultry, and sheep; milk fat; and eggs. These tolerances are no longer needed under 40 CFR 180.6(a)(3). Therefore, EPA is proposing to revoke the tolerances in 40 CFR 180.111(a)(3) for residues of malathion in or on egg; milk, fat; cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; goat, meat byproducts; hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; horse, meat byproducts; poultry, fat; poultry, meat; poultry, meat byproducts; sheep, fat; sheep, meat; and sheep, meat byproducts; and therefore, remove paragraph (a)(3) in its entirety, including its footnote.

On May 20, 2009, EPA published a notice in the Federal Register (74 FR 23708) (FRL84142) that announced the Agency's receipt of requests from the registrants to voluntarily cancel or amend specific malathion registrations and therefore terminate specific uses, including the last use on cranberries for malathion products registered for use in the United States. EPA approved cancellation of these registrations and uses by publishing a cancellation order on July 15, 2009 in the Federal Register (74 FR 34345) (FRL84253) and made
[[Page 28165]]
them effective on July 15, 2009, and permitted the malathion registrants, including the registrant who requested to amend to terminate the use on cranberry, to sell and distribute existing malathion stocks (concerning the last use for cranberry) for 1 year from the effective date of July 15, 2009; i.e., until July 15, 2010. The Agency permitted persons other than the registrant to sell and distribute existing stocks and use of those cancelled products until exhaustion. However, the Agency believes that end users will have had sufficient time to exhaust those existing stocks and for treated cranberry commodities to have cleared the channels of trade by July 15, 2011. Therefore, EPA is proposing to revoke the tolerance in 40 CFR 180.111(a)(1) on cranberry with an expiration/revocation date of July 15, 2011.

Based on available processing data that showed combined residues of malathion and malaoxon on whole grapes were higher than those on raisins from preharvest grapes treated at 5X the maximum single application rate, the Agency determined that malathion residues of concern did not concentrate in raisins. Also, while there are active registrations for the preharvest use of malathion on grapes, covered by the tolerance on grapes at 8 ppm in 40 CFR 180.111(a)(1), there have been no active malathion registrations in the United States for malathion use on raisins or paper trays for drying grapes to raisins for

FOR FURTHER INFORMATION CONTACT

Joseph Nevola, Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave, NW., Washington, DC 20460 0001; telephone number: (703) 3088037; email address:
nevola.joseph@epa.gov.