[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]
[Page 5104-5109]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0445; FRL-8348-8]
Acephate, Fenbutatin-Oxide (Hexakis), MCPA, Pyrethrins, and
Triallate; Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is revoking certain tolerances for the insecticides
acephate and pyrethrins. Also, EPA is modifying certain tolerances for
the insecticides acephate and pyrethrins. In addition, EPA is
establishing new tolerances for the herbicides MCPA and triallate, and
the insecticides fenbutatin-oxide (hexakis) and pyrethrins. The
regulatory actions finalized 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: This regulation is effective January 29, 2008. Objections and
requests for hearings must be received on or before March 31, 2008, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0445. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in
[[Page 5105]]
the docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (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 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 Building), 2777 S. Crystal Drive,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail
address:smith.jane-scott@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
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. How Can I Access Electronic Copies of this Document?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket athttp://www.regulations.gov
, you may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr
.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of the FFDCA, as amended by the FQPA, any
person may file an objection to any aspect of this regulation and may
also request a hearing on those objections. The EPA procedural
regulations which govern the submission of objections and requests for
hearings appear in 40 CFR part 178. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2007-0445 in the
subject line on the first page of your submission. All requests must be
in writing, and must be mailed or delivered to the Hearing Clerk on or
before March 31, 2008.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-0445, 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
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket'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 telephone number is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of August 8, 2007 (72 FR 44439) (FRL-8138-
8), EPA issued a proposal to revoke, modify, and establish specific
tolerances for residues of the herbicides MCPA and triallate; and the
insecticides acephate, fenbutatin-oxide (hexakis), and pyrethrins.
Also, the proposal of August 8, 2007 provided a 60-day comment period
which invited public comment for consideration and for support of
tolerance retention under FFDCA standards.
In this final rule, EPA is revoking, modifying, and establishing
specific tolerances for residues of acephate, fenbutatin-oxide
(hexakis), MCPA, pyrethrins, and triallate in or on commodities listed
in the regulatory text of the proposal published August 8, 2007.
EPA is finalizing these tolerance actions in order 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 the Food Quality Protection Act (FQPA). 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 certain tolerance actions to be implemented to reflect
current use patterns, to 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: 1 (800) 490-9198; fax: 1 (513)
489-8695; internet at http://www.epa.gov/
[[Page 5106]]
ncepihom/ and from the National Technical Information Service (NTIS),
5285 Port Royal Road, Springfield, VA 22161; telephone: 1 (800) 553-
6847 or (703) 605-6000; internet at: http://www.ntis.gov/. Electronic
copies of REDs and TREDs are available on the Internet and in the
public dockets EPA-HQ-OPP-2007-0445 and EPA-HQ-OPP-2004-0154
(fenbutatin-oxide/hexakis), EPA-HQ-OPP-2004-0156 (MCPA), EPA-HQ-OPP-
2005-0043 (pyrethrins), and EPA-HQ-OPP-2006-0586 (triallate) at http://www.regulations.gov and http:// www.epa.gov/pesticides/reregistration/
status.htm.
In this final rule, EPA is revoking certain tolerances and
tolerance exemptions because these specific tolerances and exemptions
correspond to uses no longer current or registered under FIFRA in the
United States. The tolerances revoked by this final rule are no longer
necessary to cover residues of the relevant pesticides in or on
domestically treated commodities or commodities treated outside but
imported into the United States. It is EPA's general practice to revoke
those tolerances and 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 or tolerance exemption to
cover residues in or on imported commodities or legally treated
domesticcommodities.
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.
Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
1. Prior to EPA's issuance of a section 408(f) order requesting
additional data or issuance of a section 408(d) or (e) order revoking
the tolerances on other grounds, commenters retract the comment
identifying a need for the tolerance to be retained.
2. EPA independently verifies that the tolerance is no longer
needed.
3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of August 8,
2007 (72 FR 44439), EPA received comments during the 60-day public
comment period, as follows:
General. Comment by Pat Duggan, Editor of the Pesticide Chemical
News Guide. The commenter questions why the Agency is retaining the
postharvest designation on many of the pyrethrin tolerances when in a
previous notice for the chemical thiophanate-methyl it was stated that
``the Agency has determined that the timings of treatment should not be
included as part of these tolerances because the enforcement agency
analyzing samples would not know whether a commodity bore residues
resulting from a seed treatment.''
Agency Response. Currently, residues of pyrethrin are regulated in
two sections of the 40 CFR part 180. Residues of pyrethrins resulting
from preharvest applications are regulated under the exemption in 40
CFR 180.905(a)(6). Residues of pyrethrins resulting from postharvest
applications are regulated by tolerances in 40 CFR 180.128. Since there
is an exemption in place for pyrethrins, there are deficiencies in the
residue data used to support some tolerances. As part of the
reregistration decision, the residue studies that were not previously
conducted on crop groups and other commodities are being required and/
or are underway. Although there are some residue data deficiencies, EPA
was able to make a safety finding using conservative assumptions in the
risk assessment, which indicated no dietary risks, and to consider the
tolerances reassessed. Therefore, the Agency is retaining the
postharvest terminology on an interim basis until these data for
preharvest uses are received from the registrants and to prevent
confusion in the 40 CFR part 180 between Sec. 180.905(a)(6) and Sec.
180.128 (unlike thiophanate-methyl which appears in only one section of
the CFR.) Once the preharvest data are evaluated, and the Agency
confirms that the tolerances in Sec. 180.128 are reflective of the
pre- and postharvest residue levels, the Agency intends to remove the
postharvest designation to be consistent with current Agency practice.
The Agency did not receive comments on the following chemicals:
acephate, fenbutatin-oxide (hexakis), MCPA, and triallate. Therefore,
the Agency is finalizing, with the exception of the chlorpyrifos and
metolachlor tolerances, the amendments proposed in the Federal Register
of August 8, 2007 (72 FR 44439) (FRL-8138-8). The Agency received
comments on chlorpyrifos and metolachlor which require additional time
to address. The Agency will publish the response to comment and final
tolerance rule for chlorpyrifos and metolachlor in the future. For a
detailed discussion of the Agency's rationale for the establishments,
revocations, and modifications to the tolerances, refer to the August
8, 2007 proposed rule.
B. What is the Agency's Authority for Taking this Action?
EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes, and as follow-up on canceled uses of
pesticides. As part of these processes, EPA is required to determine
whether each of the amended tolerances meets the safety standards under
FQPA. The safety finding determination is found in detail in each 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 post-FQPA REDs for pyrethrins, MCPA, triallate, and
TREDs for acephate and fenbutatin-oxide whose REDs were completed prior
to FQPA. REDs and TREDs contain the Agency's evaluation of the data
base for these pesticides, including statements regarding additional
data on the active ingredients that may be needed to confirm the
potential human health and environmental risk assessments associated
with current product uses, and 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 FQPA standard of ``reasonable certainty
of no harm.'' However, tolerance revocations recommended in REDs and
TREDs, that are made final 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. Nonetheless, EPA will
[[Page 5107]]
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.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues 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). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and180.6(c)).
C. When Do These Actions Become Effective?
These actions become effective on the date of publication of this
final rule in the Federal Register. The tolerances revoked in this rule
are associated with uses that have been canceled for several years. The
Agency believes that treated commodities have had sufficient time for
passage through the channels of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this section, 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.
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 a tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.
III. Are the Actions Consistent with International Obligations?
The tolerance revocations in this final rule are not discriminatory
and are designed to ensure that both domestically produced and imported
foods meet the food safety standard 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 levels (MRLs) established
by the Codex Alimentarius Commission, as required by section 408(b)(4)
of the FFDCA. 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
final rule and how they compare to Codex MRLs (if any) are discussed in
Unit II.A.
IV. Statutory and Executive Order Reviews
In this final rule, EPA is establishing tolerances under FFDCA
section 408(e), and modifying and revoking 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, entitledRegulatory Planning and Review (58 FR 51735,
October 4, 1993). Because this final rule has been exempted from review
under Executive Order 12866 due to its lack of significance, this final
rule is not subject to Executive Order 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001). This final 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), 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 final rule, the Agency hereby certifies that this action 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 final rule). Furthermore, for the pesticides named in
this final rule, the Agency knows of no extraordinary circumstances
that exist as to the present proposal that would change EPA's previous
analysis. Any comments about the Agency's determination should be
submitted to EPA along with
[[Page 5108]]
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, entitledFederalism
(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 final 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 the FFDCA. For these same reasons, the Agency
has determined that this final 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 6, 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 final 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 final 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: January 17, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.108 is amended by revising paragraph (a)(1), paragragh
(a)(2) introductory text, and (c) to read as follows:
Sec. 180.108 Acephate; tolerances for residues.
(a) General. (1) Tolerances are established for residues of
acephate per se (O,S-dimethyl acetylphosphoramidothioate) in or on the
following food commodities1:
------------------------------------------------------------------------
Commodity\1\ Parts per million
------------------------------------------------------------------------
Bean, dry, seed...................................... 3.0
Bean, succulent...................................... 3.0
Brussels sprouts..................................... 3.0
Cattle, fat.......................................... 0.1
Cattle, meat......................................... 0.1
Cattle, meat byproducts.............................. 0.1
Cauliflower.......................................... 2.0
Celery............................................... 10
Cotton, hulls........................................ 1.0
Cotton, meal......................................... 1.0
Cotton, undelinted seed.............................. 0.5
Cranberry............................................ 0.5
Egg.................................................. 0.1
Goat, fat............................................ 0.1
Goat, meat........................................... 0.1
Goat, meat byproducts................................ 0.1
Hog, fat............................................. 0.1
Hog, meat............................................ 0.1
Hog, meat byproducts................................. 0.1
Horse, fat........................................... 0.1
Horse, meat.......................................... 0.1
Horse, meat byproducts............................... 0.1
Lettuce, head........................................ 10
Milk................................................. 0.1
Peanut............................................... 0.2
Pepper............................................... 4.0
Peppermint, tops..................................... 27
Poultry, fat......................................... 0.1
Poultry, meat........................................ 0.1
Poultry, meat byproducts............................. 0.1
Sheep, fat........................................... 0.1
Sheep, meat.......................................... 0.1
Sheep, meat byproducts............................... 0.1
Spearmint, tops...................................... 27
Soybean, seed........................................ 1.0
------------------------------------------------------------------------
\1\Residues of the acephate metabolite, methamidophos, are regulated
under 40 CFR 180.315
(2) A food tolerance of 0.02 ppm is established for residues of
acephate per se (O,S-dimethyl acetylphosphoramidothioate) as follows:
* * * * *
(c) Tolerances with regional registration. Tolerances with regional
registration, as defined in Sec. 180.1(m), are established for
residues of acephate per se (O,S-dimethyl acetylphosphoramidothioate)
in or on the following food commodities:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Nut, macadamia....................................... 0.05
------------------------------------------------------------------------
* * * * *
0
3. Section 180.128 is amended by revising paragraph (a) to read as
follows:
Sec. 180.128 Pyrethrins; tolerances for residues.
(a) General. (1) Tolerances for residues of the insecticide
pyrethrins ((1S)-2-methyl-4-oxo-3-(2Z)-2,4-pentadienylcyclopenten-1-yl
(1R,3R)-2,2-dimethyl-3-(2-methyl-1-propenyl)cyclopropanecarboxylate
(pyrethrin 1), (1S)-2-methyl-4-oxo-3-(2Z)-2,4-pentadienyl-2-
cyclopenten-1-yl (1R,3R)-3-[(1E)-3-methoxy-2-methyl-3-oxo-1-propenyl]-
2,2-dimethylcyclopropane-carboxylate (pyrethrin 2), (1S)-3-(2Z)-2-
butenyl-2-methyl-4-oxo-2-cyclopenten-1-yl (1R,3R)-2,2-dimethyl-3-(2-
methyl-1-propenyl)cyclopropanecarboxylate (cinerin 1), (1S)-3-(2Z)-2-
butenyl-2-methyl-4-oxo-2-cyclopenten-1-yl (1R,3R)-3-[(1E)-3-methoxy-2-
methyl-3-oxo-1-propenyl]-2,2-dimethylcyclopropanecarboxylate (cinerin
2), (1S)-2-methyl-4-oxo-3-(2Z)-2-pentenyl-2-cyclopenten-1-yl (1R, 3R)-
2,2-dimethyl-3-(2-methyl-1-propenyl)cyclopropanecarboxylate (jasmolin
1), and (1S)-2-methyl-4-oxo-3-(2Z)-pentenyl-2-cyclopenten-1-yl (1R,3R)-
3-[(1E)-3-methoxy-2-methyl-3-oxo-1-propenyl]-2,2-
dimethylcyclopropanecarboxylate (jasmolin 2)), the insecticidally
active principles of Chrysanthemum cinerariaefolium, which are measured
as cumulative residues of pyrethrin 1, cinerin 1, and jasmolin 1 are
not to exceed the following:
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
Almond, postharvest.................................. 1.0
Apple, postharvest................................... 1.0
Barley, grain, postharvest........................... 3.0
Bean, succulent, postharvest......................... 1.0
Birdseed, mixtures, postharvest...................... 3.0
Blackberry, postharvest.............................. 1.0
Blueberry, postharvest............................... 1.0
[[Page 5109]]
Boysenberry, postharvest............................. 1.0
Buckwheat, grain, postharvest........................ 3.0
Cacao bean, roasted bean, postharvest................ 1.0
Cattle, fat.......................................... 1.0
Cattle, meat......................................... 0.05
Cattle, meat byproducts.............................. 0.05
Cherry, sweet, postharvest........................... 1.0
Cherry, tart, postharvest............................ 1.0
Coconut, copra, postharvest.......................... 1.0
Corn, field, grain, postharvest...................... 3.0
Corn, pop, grain, postharvest........................ 3.0
Cotton, undelinted seed, postharvest................. 1.0
Crabapple, postharvest............................... 1.0
Currant, postharvest................................. 1.0
Dewberry, postharvest................................ 1.0
Fig, postharvest..................................... 1.0
Flax, seed, postharvest.............................. 1.0
Goat, fat............................................ 1.0
Goat, meat........................................... 0.05
Goat, meat byproducts................................ 0.05
Gooseberry, postharvest.............................. 1.0
Grape, postharvest................................... 1.0
Guava, postharvest................................... 1.0
Hog, fat............................................. 1.0
Hog, meat............................................ 0.05
Hog, meat byproducts................................. 0.05
Horse, fat........................................... 1.0
Horse, meat.......................................... 0.05
Horse, meat byproducts............................... 0.05
Loganberry, postharvest.............................. 1.0
Mango, postharvest................................... 1.0
Milk, fat (reflecting negligible residues in milk)... 0.05
Muskmelon, postharvest............................... 1.0
Oat, grain, postharvest.............................. 1.0
Orange, postharvest.................................. 1.0
Pea, dry, seed, postharvest.......................... 1.0
Peach, postharvest................................... 1.0
Peanut, postharvest.................................. 1.0
Pear, postharvest.................................... 1.0
Pineapple, postharvest............................... 1.0
Plum, prune, fresh, postharvest...................... 1.0
Potato, postharvest.................................. 0.05
Raspberry, postharvest............................... 1.0
Rice, grain, postharvest............................. 3.0
Rye, grain, postharvest.............................. 3.0
Sheep, fat........................................... 1.0
Sheep, meat.......................................... 0.05
Sheep, meat byproducts............................... 0.05
Sorghum, grain, grain, postharvest................... 1.0
Sweet potato, postharvest............................ 0.05
Tomato, postharvest.................................. 1.0
Walnut, postharvest.................................. 1.0
Wheat, grain, postharvest............................ 3.0
------------------------------------------------------------------------
(2) A tolerance of 1.0 ppm is established for residues of the
insecticide pyrethrins in or on milled fractions derived from grain,
cereal when present as a result of its use in cereal grain mills and in
storage areas for milled cereal grain products.
(3) A tolerance of 1.0 ppm is established for residues of the
insecticide pyrethrins in or on all food items in food handling
establishments where food and food products are held, processed,
prepared and/or served. Food must be removed or covered prior to use.
(4) Where tolerances are established on both the raw agricultural
commodities and processed foods made there-from, the total residues of
pyrethrins in or on the processed food shall not be greater than that
permitted by the larger of the two tolerances.
* * * * *
0
4. Section 180.314 is amended by alphabetically adding the following
commodity to the table in paragraph (c) to read as follows
Sec. 180.314 Triallate; tolerance for residues.
* * * * *
(c) Tolerances with regional registrations. * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Wheat, forage........................................ 0.05
* * * * *
------------------------------------------------------------------------
* * * * *
0
5. Section 180.339 is amended by alphabetically adding the following
commodity to the table in paragraph (a)(1) to read as follows.
Sec. 180.339 MCPA; tolerances for residues.
(a)(1) General. * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Grain, aspirated fractions........................... 3.0
* * * * *
------------------------------------------------------------------------
* * * * *
0
6. Section 180.362 is amended by alphabetically adding the following
commodity to the table in paragraph (a)(1) to read as follows.
Sec. 180.362 Hexakis (2-methyl-2-phenylpropyl)distannoxane;
tolerances for residues.
(a) * * *
(1) * * *
------------------------------------------------------------------------
Commodity Parts per million
------------------------------------------------------------------------
* * * * *
Pistachio............................................ 0.5
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. E8-1535 Filed 1-28-08; 8:45 am]
BILLING CODE 6560-50-S