E6-21025. Pesticide Tolerance Nomenclature Changes; Technical Amendment  

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    AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct Final rule; technical amendment.

    SUMMARY:

    This document makes minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is taking this action to establish a uniform listing of commodity terms.

    DATES:

    This Direct Final Rule is effective on February 26, 2007 without notice, unless EPA receives adverse comment by February 12, 2007. If EPA receives adverse comments, EPA will publish a Federal Register document to withdraw the direct final rule before the effective date.

    If this Direct Final Rule becomes effective any person may file objections and request for hearings on those objections. Objections and requests for hearing must be filed with 60 days of issuance of the final rule. For direct final rules, the date of issuance is considered to be the effective date. Objections and requests for hearings must be received on or before April 27, 2007, 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-2002-0043. All documents in the docket are listed in the index for the docket. 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 availablein 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 telephone number is (703) 305-5805.

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    FOR FURTHER INFORMATION CONTACT:

    Stephen Schaible, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-9362; e-mail address: schaible.stephen@epa.gov.

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    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 111), e.g., agricultural workers; greenhouse, nursery, and floriculture workers; farmers.
    • Animal production (NAICS 112), e.g., cattle ranchers and farmers, dairy cattle farmers, livestock farmers.
    • Food manufacturer (NAICS 311), e.g., agricultural workers; farmers; greenhouse, nursery, and floriculture workers; ranchers; pesticide applicators.
    • Pesticide manufacturer (NAICS 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. 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 at http://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. To access the OPPTS Harmonized Guidelines referenced in this document, go directly to the guidelines at http://www.epa.gpo/​opptsfrs/​home/​guidelin.htm.

    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-2002-0043 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 February 12, 2007.

    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-2002-0043, 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

    EPA's Office of Pesticide Programs (OPP) has developed a commodity vocabulary data base entitled “Food and Feed Commodity Vocabulary.” The data base was developed to consolidate all the major OPP commodity vocabularies Start Printed Page 74803into one standardized vocabulary. As a result, all future pesticide tolerances issued under 40 CFR part 180 will use the “preferred commodity term” as listed in the aforementioned data base. This is the fifth in a series of documents revising the terminology of commodity terms currently in tolerances in 40 CFR part 180. Final rules, revising pesticide tolerance nomenclature, were published in the Federal Register on June 19, 2002 (67 FR 41802) (FRL-6835-2); June 21, 2002 (67 FR 42392) (FRL-7180-1), on July 1, 2003(68 FR 39428) (FRL-7308-9), and (68 FR 39435) (FRL-7316-9).

    A. What Action is the Agency Taking?

    In this rule, EPA is making the following format changes to the terminology of the commodity terms in 40 CFR part 180 to the extent the terminology is not already in this format:

    1. The first letter of the commodity term is capitalized. All other letters, including the first letter of proper names, are changed to lower case.

    2. Commodity terms are listed in the singular although there are the following exceptions: “leaves”, “roots”, “tops”, “greens”, “hulls”, “vines”, “fractions”, “shoots”, and “byproducts”.

    3. Commodity terms are amended so that generic terms, such as “corn” and “pea”, precede modifying terms, such as “field”, “dry” and “summer”.

    4. Parentheses are replaced with commas. Example: “Pea (succulent)” is replaced with “Pea, succulent”.

    6. Crop group terms are revised to standardize with the “Food and Feed Vocabulary”. Examples:

    i. “Brassica, leafy” is replaced with “Vegetable, brassica, leafy, group 5”.

    ii. “Fruit, citrus group is replaced with “Fruit, citrus, group 10”.

    iii. “Leafy vegetables (except Brassica)” is replaced with “Vegetable, leafy, except brassica, group 4”.

    iv. “Vegetable, brassica, head and stem, subgroup 5a” is replaced with “Brassica, head and stem, subgroup 5A”.

    v. “Tree nut” is replaced with “Nut, tree, group 14”.

    B. Additional Changes

    In addition to format changes to the commodity terms, this document also includes many revisions to the commodity terms. These revisions replace certain commodity terms that are no longer used by EPA with the appropriate matching term in the “Food and Feed Commodity Vocabulary”. For example, “Alfalfa, fresh ' is replaced with “Alfalfa, forage”, “Barley, fodder” is replaced with “Barley, straw”. “Bean, dried” is replaced with “Bean, dry, seed”. “Cottonseed” and “Cotton seed” are replaced with “Cotton, undelinted seed”. “Dry bulb onion” is replaced with “Onion, bulb”. “Coffee bean” is replaced with “Coffee, bean, green”.

    “Corn, sweet, kernal plus cob with husks removed”; “Corn, sweet, kernel + cob with husks removed”; “Corn sweet, kernels plus cob with husks removed”; “Corn, fresh, kernel plus cob with husks removed”; “Corn, fresh (including sweet), kernel plus cob with husks removed”; “Corn, fresh (inc. sweet, kernel plus cob with husks removed)” and “Sweet corn, kernel plus cob with husks removed” are replaced with the term “Corn, sweet, kernel plus cob with husks removed”.

    This document also deletes certain terms that are not needed to identify the tolerance commodities.

    Examples:

    i. The terms “nutmeat” and “nutmeats” when used in association with the tree nut crops or peanut are not needed. For tree nut crops, nutmeat and almond hulls are the only edible portions of the crop consumed. Therefore, OPP's Food and Feed Commodity Vocabulary uses the commodity terms “Almond”, “Pecan”, “Walnut”, etc. for the tree nuts and the commodity term “Peanut” is used in place of “Peanut, nutmeat”. Since “almond hulls” are fed to livestock, tolerances may be established for “Almond, hulls”.

    ii. The term “Endive (escarole)” is changed to “Endive” since the term “Endive” includes escarole.

    iii. The term “Blueberry (huckleberry)” is changed to “Blueberry” since the term “Blueberry” includes huckleberries.

    iv. The term “Banana (whole)” is changed to “Banana” since the “Food and Feed Vocabulary” uses the term “Banana” to refer to the whole banana.

    III. Statutory and Executive Order Reviews

    This final rule makes technical amendments to the Code of Federal Regulations which have no substantive impact on the underlying regulations, and it does not otherwise impose or amend any requirements. As such, the Office of Management and Budget (OMB) has determined that a technical amendment is not a “significant regulatory action” subject to review by OMB under Executive Order 12866, entitled Regulatory 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 under 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 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). The Regulatory Flexibility Act (RFA) (5 U.S.C. 601et seq.) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental organizations. After considering the economic impacts of today's final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This action proposes technical amendments to the Code of Federal Regulations which have no substantive impact on the underyling regulations. This technical amendment will not have any negative economic impact on any entities, including small entities. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999).Executive Order 13132 requires EPA to develop an accountable process Start Printed Page 74804to 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 andIndian 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.

    IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a “major rule” as defined by 5 U.S.C. 804(2).

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    Lists of Subjects in 40 CFR Part 180

    • Environmental protection
    • Administrative practice and procedure
    • Agricultural commodities
    • Pesticides and pest
    • Reporting and recordkeeping requirements
    End List of Subjects Start Signature

    Dated: December 1, 2006.

    James Jones,

    Director, Office of Pesticide Programs.

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    Therefore, 40 CFR chapter I, part 180 is amended as follows:

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    PART 180—[AMENDED]

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

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

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    2. Part 180, subpart C is amended as follows:

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    In SectionIn ParagraphRemove the termAdd in its place the term
    180.103(a) tableBlueberry (huckleberry)Blueberry
    180.103(a) tableCantaloupsCantaloupe
    180.103(a) tableOnion, dry bulbOnion, bulb
    180.106(a) tablePea, field vinesPea, field, vines
    180.106(a) tablePeppermint, hayPeppermint, tops
    180.106(a) tableTrefoil, birdsfoot, forageTrefoil, forage
    180.106(a) tableTrefoil, birdsfoot, hayTrefoil, hay
    180.110(a) tableBean (dry form)Bean, dry, seed
    180.110(a) tableEndive (escarole)Endive
    180.110(a) tableSweet corn, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.111(a)(1) tableDatesDate
    180.111(a)(1) tableFlax seedFlax, seed
    180.111(a)(1) tablePecansPecan
    180.111(a)(1) tablePeanut, foragePeanut, hay
    180.111(a)(1) tablePeavinesPea, field, vines
    180.111(a)(1) tableTrefoil, birdsfoot, forageTrefoil, forage
    180.111(a)(1) tableTrefoil, birdsfoot, hayTrefoil, hay
    180.114(a) tableBlueberry (huckleberry)Blueberry
    180.117tableVegetables, leafyVegetable, leafy
    Start Printed Page 74805
    180.117tableVegetables, root cropVegetable, root
    180.117tableVegetables, seed and podVegetable, seed and pod
    180.121(a) tableAlfalfa, freshAlfalfa, forage
    180.121(a) (tableAlmond, hullAlmond, hulls
    180.121(a) tableBean, driedBean, dry, seed
    180.121(a) tableCotton, seedCotton, undelinted seed
    180.121(a) tablePea, field vinesPea, field, vines
    180.121(e) tableTrefoil, birdsfoot, forageTrefoil, forage
    180.121(e) tableTrefoil, birdsfoot, hayTrefoil, hay
    180.122(a) tableAlfalfa, freshAlfalfa, forage
    180.122(a) tableCotton, seedCotton, undelinted seed
    180.142(a)(3) tableLeafy vegetablesVegetable, leafy
    180.142(a)(3) tableRoot crop vegetablesVegetable, root
    180.142(a)(3) tableSeed and pod vegetablesVegetable, seed and pod
    180.142(a)(3) tableSmall fruitFruit, small
    180.142(a)(12)(i) and (a)(13)(i)Sugarcane molassesSugarcane, molasses
    180.142(a)(13)(iii) introductory textpotable waterwater, potable
    180.142(b) introductory text and (b) tableWild riceRice, wild, grain
    180.154(a) tableTrefoil, birdsfoot, hayTrefoil, hay
    180.163(a) tableBean (dry form)Bean, dry, seed
    180.163(a) tableCantaloupsCantaloupe
    180.163(a) tablePecansPecan
    180.163(a) tableSpearmint, haySpearmint, tops
    180.169(a)(1) tableCorn, fresh (including sweet), kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.169(a)(1) tableEndive (escarole)Endive
    180.169(a)(1) tablePecansPecan
    180.169(a)(1) tablePeavinesPea, field, vines
    180.169(a)(1) tableTrefoil, birdsfoot, forageTrefoil, forage
    180.169(a)(1) tableTrefoil, birdsfoot, hayTrefoil, hay
    180.172(a) tablePecansPecan
    180.176(b) tableGinseng, rootGinseng
    180.182(a)(1) tableAlfalfa, freshAlfalfa, forage
    180.185(a) tableCantaloupsCantaloupe
    180.185(a) tableYams, true, tuberYam, true, tuber
    180.200(a)(1) tableEndive (escarole)Endive
    180.204(a) tableEndive (escarole)Endive
    Start Printed Page 74806
    180.204(a) tablePecansPecan
    180.205(a) tableCoffee beanCoffee, bean, green
    180.205(a) tablePea, field vinesPea, field, vines
    180.205(a) tablePea (succulent)Pea, succulent
    180.205(a) TableSmall fruitFruit, small
    180.205(c) TableYams, true, tuberYam, true, tuber
    180.206(a) tableCoffee bean1Coffee, bean, green1
    180.208(a) tableTrefoil, birdsfoot, forageTrefoil, forage
    180.208(a) tableTrefoil, birdsfoot, hayTrefoil, hay
    180.213(a)(1) tableCorn, fresh (inc. sweet, kernel plus cob with husks removed)Corn, sweet, kernel plus cob with husks removed
    180.213(a)(1) tablePecansPecan
    180.215(a)(1) tableBean (dry)Bean, dry, seed
    180.215(a)(1) tablePea (succulent)Pea, succulent
    180.220(a)(1) tableCorn, fresh, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.226(a)(2)(i) tableHop, dried coneHop, dried cones
    180.226(a)(2)(i) tableVegetables, leafyVegetable, leafy
    180.226(a)(2)(i) tableVegetables, seed and podVegetable, seed and pod
    180.227(a)(1) tableSugarcane molassesSugarcane, molasses
    180.232(a) tableCorn, sweet, kernel, plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.236tablePecansPecan
    180.242(a)(1) tableBean (dry)Bean, dry, seed
    180.249tableCorn, fresh, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.253(a) tableEndive (escarole)Endive
    180.253(a) tableHop, dried cone1Hop, dried cones1
    180.253(a) tablePecansPecan
    180.253(a) tableVegetables, root cropVegetable, root
    180.254(a) tableAlfalfa, fresh (of which no more than 5 ppm are carbamates)Alfalfa, forage (of which no more than 5 ppm are carbamates)
    180.254(a) tableCoffee beanCoffee, bean, green
    180.258(a) tableCorn, fresh, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.258(a) tableYams, true, tuberYam, true, tuber
    180.259(a) tableHop, dried coneHop, dried cones
    180.259(a) tablePeanut, foragePeanut, hay
    180.261(a) tablePea, field vinesPea, field, vines
    180.262(a) tableCorn, fresh, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    Start Printed Page 74807
    180.269(a) tableBean (dry)Bean, dry, seed
    180.269(a) tableCoffee beanCoffee, bean, green
    180.269(a) tablePecansPecan
    180.274(a)(1) tableRice, polishingsRice, polished rice
    180.274(a)(2) tableRice, polishingsRice, polished rice
    180.275(a)(1) tableBean (dry)Bean, dry, seed
    180.275(a)(1) tableCoffee beanCoffee, bean, green
    180.275(a)(1) tableParsnip, rootParsnip, roots
    180.275(b) tableGinseng, rootGinseng
    180.287(a) tablePoultry meat byproductsPoultry, meat byproducts
    180.292(a)(2) tableOat, milled fractions (exc flour)Oat, groats/rolled oats
    180.292(a)(3) tableOat, milled fractions (exc flour)Oat, groats/rolled oats
    180.298(a) tablePecansPecan
    180.300(a) tableCoffee beanCoffee, bean, green
    180.303(a)(1) tablePeppermint, hayPeppermint, tops
    180.303(a)(1) tableRoot crop vegetablesVegetable, root
    180.303(a)(1) tableSpearmint, haySpearmint, tops
    180.314(a) tablePea, field vinesPea, field, vines
    180.317(a) tableEndive (escarole)Endive
    180.324(a)(1) tableGrass, canary, annual, strawCanarygrass, annual, hay
    180.324(a)(2)Cotton gin byproductsCotton, gin byproducts
    180.328(a) tableCoffee beanCoffee, bean, green
    180.330(a) tableCorn, fresh, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.339(a) tableGrass, canary, annual, strawCanarygrass, annual, hay
    180.339(a) tablePeavinesPea, field, vines
    180.339(a) tableVegetables, seed and podVegetable, seed and pod
    180.342(a)(1) tableCorn, fresh (inc. sweet, kernel plus cob with husks removed)Corn, sweet, kernel plus cob with husks removed
    180.342(a)(1) tableTree nutNut, tree, group 14
    180.342(a)(2) tableSoybean forageSoybean, forage
    180.350(a) tableCorn, fresh, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.356(a) tableHop, dried coneHop, dried cones
    180.356(a) tableHop, vineHop, vines
    180.356(a) tablePecansPecan
    180.362(a) tableMilk fatMilk, fat
    180.362(a) tablePecansPecan
    180.368(a)(1) tableBarley, fodderBarley, straw
    Start Printed Page 74808
    180.368(a)(1) tableCorn, fresh, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.368(a)(3) tableVegetable, brassica, head and stem, subgroup 5ABrassica, head and stem, subgroup 5A
    180.371(a) tablePecansPecan
    180.378(b) tableAlfalfa, freshAlfalfa, forage
    180.378(b) tableLeafy vegetables (except Brassica)Vegetable, leafy, except brassica, group 4
    180.378(c) tableMilk fat (reflecting 0.25 ppm in whole milk)Milk, fat (reflecting 0.25 ppm in whole milk)
    180.379(a)(1) tableBean, driedBean, dry, seed
    180.379(a)(1) tableCaneberriesCaneberry subgroup 13A
    180.379(a)(1) tablePecansPecan
    180.381(a) tableDatesDate
    180.399(a)(1) tableCaneberriesCaneberry subgroup 13A
    180.399(a)(1) tableGinseng, rootGinseng
    180.401(b) tableEndive (escarole)Endive
    180.408(a) tableGinseng, rootGinseng
    180.408(a) tableHop, dried coneHop, dried cones
    180.408(a) tableHop, viineHop, vines
    180.408(a) tableSoybean, grainSoybean, seed
    180.408(d) tableBarley, fodderBarley, straw
    180.411(a)(2) tablePecansPecan
    180.412(a) tablePea, field vinesPea, field, vines
    180.412(a) tableTree nutNut, tree, group 14
    180.414(a)(1) tableLeafy vegetables (except Brassica)Vegetable, leafy, except brassica, group 4
    180.414(d) tableCorn, sweet, kernels plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.415(a) tableCaneberriesCaneberry subgroup 13A
    180.415(a) tableGinseng, rootGinseng
    180.415(a) tableHop, dried coneHop, dried cones
    180.418(a)(1) tableBrassica, leafyVegetable, brassica, leafy group 5
    180.418(a)(1) tablePecansPecan
    180.418(a)(2) tableBrassica, leafyVegetable, brassica, leafy group 5
    180.418(a)(2) tablePecansPecan
    180.420(c) tableLeafy vegetablesVegetable, leafy
    180.420(c) tableSeed and pod vegetablesVegetable, seed and pod
    180.420(c) tableSmall fruitFruit, small
    180.425(a) tablePea (succulent)Pea, succulent
    180.431(a) tableBarley, forageBarley, hay
    180.434(c) tableRice, wildRice, wild, grain
    Start Printed Page 74809
    180.435(a)(1) tableAlmond hullsAlmond, hulls
    180.435(a)(1) tableCorn, sweet, kernel + cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.436(a)(1) tableCotton, seedCotton, undelinted seed
    180.436(a) (1) tableHop, vineHop, vines
    180.442(a)(1) tableHop, dried coneHop, dried cones
    180.443(a) tableAlmond nutmeatAlmond
    180.443(a) tableCotton seedCotton, undelinted seed
    180.443(a) tableRaisinsGrape, raisin
    180.443(b) tableHop, dried coneHop, dried cones
    180.449(a) tableCotton gin byproductsCotton, gin byproducts
    180.449(a) tableCotton seedCotton, undelinted seed
    180.449(a) tableHop, dried coneHop, dried cones
    180.450(a) tableBanana (whole)1Banana1
    180.450(a) tableCorn, fresh (including sweet), kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.457TableBanana (whole)Banana
    180.458(a)(3) tableLeafy petioles subgroup 4BLeaf petioles subgroup 4B
    180.464(a) tableCorn, sweet, kernal plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.464(a) tableTuberous and corm vegetablesVegetable, tuberous and corm, subgroup 1C
    180.467TableAlmond nutmeatAlmond
    180.470TableSoybean, grainSoybean, seed
    180.472(a) tableHop, dried coneHop, dried cones
    180.472(a) tablePecansPecan
    180.472(d) tableSweet corn, kernel plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.474(b)(1) tableSunflower, oilSunflower, refined oil
    180.474(b)(2) tableEggsEgg
    180.478(a) tablePotato, tubersPotato
    180.479(a)(2) tableCorn, sweet, kernel + cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.479(a)(2) tableCotton, gin by-productsCotton, gin byproducts
    180.479(a)(2) tableVegetables, fruiting, group 8Vegetable, fruiting, group 8
    180.482(a)(1) tableCitrus oilCitrus, oil
    180.482(a)(1) tableLeafy petioles subgroup 4BLeaf petioles subgroup 4B
    180.484(a)(1) tablePeanut hayPeanut, hay
    180.487(a) tableCotton gin byproductsCotton, gin byproducts
    180.489(a) tableCorn, sweet, kernels plus cob with husks removed (of which no more than 0.10 ppm is TMS)Corn, sweet, kernel plus cob with husks removed (of which no more than 0.10 ppm is TMS)
    Start Printed Page 74810
    180.489(a) tableCotton, gin by-products (of which no more than 35 ppm is TMS)Cotton, gin byproducts (of which no more than 35 ppm is TMS)
    180.489(a) TableFruit, citrus groupFruit, citrus, group 10
    180.490(a)(1) tablePeanut nutmeatPeanut
    180.495(a) tableCotton gin byproductsCotton, gin byproducts
    180.495(a) tableFruit, citrus groupFruit, citrus, group 10
    180.500(a) tableGoats, fatGoat, fat
    180.500(a) tableGoats, kidneyGoat, kidney
    180.500(a) tableGoats, meatGoat, meat
    180.500(a) tableHorses, fatHorse, fat
    180.500(a) tableHorses, meatHorse, meat
    180.505(a)(1) tableCotton, gin byproductCotton, gin byproducts
    180.506(a) tableCotton gin byproductsCotton, gin byproducts
    180.507(a)(1) tableHops, dried conesHop, dried cones
    180.507(a)(1) tablePecansPecan
    180.507(a)(1) tableTree nutNut, tree, group 14
    180.510(a)(1) tableBlack sapoteSapote, black
    180.510(a)(1) tableLoganLoganberry
    180.510(a)(1) tableMamey sapoteSapote, mamey
    180.510(a)(1) tableTree nutNut, tree, group 14
    180.511(a) tableBlack sapoteSapote, black
    180.511(a) tableFruit, pome, Crop Group 11Fruit, pome, group 11
    180.511(a) tableLoganLoganberry
    180.511(a) tableMamey sapoteSapote, mamey
    180.513(a)(1) tableVegetables, fruiting, group 8Vegetable, fruiting, group 8
    180.515(a) tableAlmond, hullAlmond, hulls
    180.515(a) tableHops, dried conesHop, dried cones
    180.515(a) tableVegetable, cucurbit, group 09Vegetable, cucurbit, group 9
    180.515(b) tableHop, dried coneHop, dried cones
    180.516(a) tableCotton gin byproductsCotton, gin byproducts
    180.516(a) tablePeanut hayPeanut, hay
    180.517(a) tableHog MeatHog, meat
    180.517(a) tablePoultry Meat ByproductsPoultry, meat byproducts
    180.518(a)(1) tableCitrus oilCitrus, oil
    180.535(a) tableBarley, forageBarley, hay
    180.543(a) tablePeanut nutmeatPeanut
    180.544(a)(1) tableBlack sapoteSapote, black
    180.544(a)(1) tableCorn, sweet, kernal plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    Start Printed Page 74811
    180.544(a)(1) tableMamey sapoteSapote, mamey
    180.547(a) tablePeanut hayPeanut, hay
    180.553(a) tableAlmond, hullAlmond, hulls
    180.555(a) tableHop, dried coneHop, dried cones
    180.555(a) tablePeanut hayPeanut, hay
    180.555(a) tablePotato, tubersPotato
    180.556(a) tableCotton gin byproductsCotton, gin byproducts
    180.556(a) tableHop, dried coneHop, dried cones
    180.556(a) tablePecansPecan
    180.561(a) tableLeafy vegetablesVegetable, leafy
    180.564(a)(1) tableCotton gin byproductsCotton, gin byproducts
    180.565(a) tableCorn, sweet, kernal plus cob with husks removedCorn, sweet, kernel plus cob with husks removed
    180.565(a) tableHog meatHog, meat
    180.565(a) tablePecansPecan
    180.565(b) tableBean, driedBean, dry, seed
    180.568(a) tableCottonseedCotton, undelinted seed
    180.572(a)(1) tableHop, dried coneHop, dried cones
    180.575(a)(1) tableBarley, pearled, postharvestBarley, pearled barley, postharvest
    180.575(a)(1) tableCocoa bean, postharvestCacao bean, roasted bean, postharvest
    180.575(a)(1) tableCorn pop, grain, postharvestCorn, pop, grain, postharvest
    180.575(a)(1) tableCorn, aspirated grain fractions, postharvestGrain, aspirated fractions, postharvest
    180.575(a)(1) tableCottonseed, postharvestCotton, undelinted seed, postharvest
    180.575(a)(1) tableEggs, driedEgg, dried
    180.575(a)(1) tableHamHog, meat
    180.575(a)(1) tableHerbs and spices, group 19, postharvestHerbs and spices group 19, postharvest
    180.575(a)(1) tableOat, rolled, postharvestOat, groats/rolled oats, postharvest
    180.575(a)(1) tableRice, polished, postharvestRice, polished rice, postharvest
    180.575(a)(1) tableVegetables, legume, group 6, postharvestVegetable, legume, group 6, postharvest
    180.578(a)(1) tableFruit, citrus groupFruit, citrus, group 10
    180.578(a)(1) tableTuberous and corm vegetablesVegetable, tuberous and corm, group 1
    180.579(a)(1) tableVegetable, cucurbit, group 09Vegetable, cucurbit, group 9
    180.585(a) tableCotton, gin byproductCotton, gin byproducts
    180.589(a)(1) tableAlmond hullsAlmond, hulls
    180.589(a)(1) tableVegetable, legume, succulent shelled pea and bean, subgroup 6B, except cowpeaPea and bean, succulent shelled, subgroup 6B, except cowpea
    180.589(d) tableFlax seedFlax, seed
    180.592(a)(2) tableGoats, kidneyGoat, kidney
    180.592(a)(2) tableGoats, liverGoat, liver
    Start Printed Page 74812
    180.598(a) tableEggsEgg
    180.607(a)(1) tableVegetable, brassica, head and stem, subgroup 5ABrassica, head and stem, subgroup 5A
    180.608(a)(1) tableFruit, citrus, crop group 10Fruit, citrus, group 10
    180.608(a)(1) tableFruit, pome, crop group 11Fruit, pome, group 11
    180.608(a)(1) tableFruit, stone, crop group 12Fruit, stone, group 12
    180.608(a)(1) tableNut, tree, crop group 14Nut, tree, group 14
    Start Amendment Part

    3. Section 180.123 is revised to read as follows:

    End Amendment Part
    Inorganic bromide residues resulting from fumigation with methyl bromide; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of inorganic bromides (calculated as Br) in or on the following food commodities which have been fumigated with the antimicrobial agent and insecticide methyl bromide after harvest (with the exception of strawberry):

    CommodityParts per million
    Alfalfa, hay, postharvest50.0
    Almond, postharvest200.0
    Apple, postharvest5.0
    Apricot, postharvest20.0
    Artichoke, jerusalem, postharvest30.0
    Asparagus, postharvest100.0
    Avocado, postharvest75.0
    Barley, grain, postharvest50.0
    Bean, lima, postharvest50.0
    Bean, postharvest50.0
    Bean, snap, succulent, postharvest50.0
    Bean, succulent, postharvest50.0
    Beet, garden, roots, postharvest30.0
    Beet, sugar, roots, postharvest30.0
    Blueberry, postharvest20.0
    Butternut, postharvest200.0
    Cabbage, postharvest50.0
    Cantaloupe, postharvest20.0
    Carrot, roots, postharvest30.0
    Cashew, postharvest200.0
    Cherry, sweet, postharvest20.0
    Cherry, tart, postharvest20
    Chestnut, postharvest200.0
    Cippolini, bulb, postharvest50.0
    Citron, citrus, postharvest30.0
    Cacao bean, roasted bean, postharvest50.0
    Coconut, copra, postharvest100.0
    Coffee, bean, green, postharvest75.0
    Corn, field, grain, postharvest50.0
    Corn, pop, postharvest240.0
    Corn, sweet, kernel plus cob with husks removed, postharvest50.0
    Cotton, undelinted seed, postharvest200.0
    Cucumber, postharvest30.0
    Cumin, seed, postharvest100.0
    Eggplant, postharvest20.0
    Garlic, postharvest50.0
    Ginger, roots, postharvest100.0
    Grapefruit, postharvest30.0
    Grape, postharvest20.0
    Hazelnut, postharvest200.0
    Horseradish, postharvest30.0
    Kumquat, postharvest30.0
    Lemon, postharvest30.0
    Lime, postharvest30.0
    Mango, postharvest20.0
    Melon, honeydew, postharvest20.0
    Muskmelon, postharvest20.0
    Nectarine, postharvest20.0
    Nut, brazil, postharvest200.0
    Nut, hickory, postharvest200.0
    Nut, macadamia, postharvest200.0
    Oat, postharvest50.0
    Okra, postharvest30.0
    Onion, bulb, postharvest20.0
    Onion, green, postharvest20.0
    Orange, postharvest30.0
    Papaya, postharvest20.0
    Parsnip, roots, postharvest30.0
    Peach, postharvest20.0
    Peanut, postharvest200.0
    Pear, postharvest5.0
    Pea, blackeyed, postharvest50.0
    Pea, postharvest50.0
    Pecan, postharvest200.0
    Pepper, postharvest30.0
    Pimento, postharvest30.0
    Pineapple, postharvest20.0
    Pistachio, postharvest200.0
    Plum, postharvest20.0
    Pomegranate, postharvest100.0
    Potato, postharvest75.0
    Pumpkin, postharvest20.0
    Quince, postharvest5.0
    Radish, postharvest30.0
    Rice, grain, postharvest50.0
    Rutabaga, roots, postharvest30.0
    Rutabaga, tops, postharvest30.0
    Rye, grain, postharvest50.0
    Salsify, roots, postharvest30.0
    Sorghum, grain, grain, postharvest50.0
    Soybean, postharvest200.0
    Squash, summer, postharvest30.0
    Squash, winter, postharvest20.0
    Squash, zucchini, postharvest20.0
    Strawberry, postharvest60.0
    Sweet potato, postharvest75.0
    Tangerine, postharvest30.0
    Timothy, hay, postharvest50.0
    Tomato, postharvest20.0
    Turnip, roots, postharvest30.0
    Walnut, postharvest200.0
    Watermelon, postharvest20.0
    Wheat50.0

    (2) Inorganic bromide may be present as a residue in certain processed food in accordance with the following conditions:

    (i) When inorganic bromide residues are present as a result of fumigation of the processed food with methyl bromide or from such fumigation in addition to the authorized use of methyl bromide on the source raw agricultural commodity, as provided for in this part, the total residues of inorganic bromides (calculated as Br) shall not exceed the following levels:

    (A) 400 parts per million in or on egg, dried and herb, processed and spice.

    (B) 325 parts per million in or on cheese, parmesan and cheese, roquefort cheese.

    (C) 250 parts per million in or on tomato, concentrated products and fig, dried fruit.

    (D) 125 parts per million in or on processed food other than those listed above.

    (ii) When inorganic bromide residues are present in malt beverage, fermented in accordance with 21 CFR Start Printed Page 74813172.730(a)(2), the amount shall not exceed 25 parts per million (calculated as Br).

    (iii) Where tolerances are established on both the raw agricultural commodities and processed food made therefrom, the total residues of inorganic bromides in or on the processed food shall not be greater than those designated in paragraph (a)(2) of this section, unless a higher level is established elsewhere in this part.

    (3) Tolerances are established for residues of inorganic bromides (calculated as Br) as follows:

    (i) 400 parts per million for residues in or on dog food, resulting from fumigation with methyl bromide.

    (ii) 125 parts per million for residues in or on processed commodities for animal feedstuffs from barley, corn, grain sorghum, oat, rice, rye and wheat, resulting directly from fumigation with methyl bromide or from carryover and concentration of residues of inorganic bromides from fumigation of the grains with methyl bromide.

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. A tolerance with regional registration, as defined in § 180.1(n), is established for residues of inorganic bromides (calculated as Br) in or on the following food commodity grown in soil fumigated with methyl bromide.

    CommodityParts per million
    Ginger, roots, postharvest100

    (d) Indirect or inadvertent residues. [Reserved]

    Start Amendment Part

    4. Section 180.127 is revised to read as follows:

    End Amendment Part
    Piperonyl butoxide; tolerances for residues.

    (a) General. (1) Tolerances for residues of the insecticide piperonyl butoxide [(butyl carbityl)(6-propyl piperonyl)ether] are established in or on the following food commodities:

    CommodityParts per million
    Almond, postharvest8
    Apple, postharvest8
    Barley, postharvest20
    Bean, postharvest8
    Birdseed, mixtures, postharvest20
    Blackberry, postharvest8
    Blueberry, postharvest8
    Boysenberry, postharvest8
    Buckwheat, grain, postharvest20
    Cattle, fat0.1
    Cattle, meat byproducts0.1
    Cattle, meat0.1
    Cherry, sweet, postharvest8
    Cherry, tart, postharvest8
    Cacoa bean, roasted bean, postharvest8
    Coconut, copra, postharvest8
    Corn, field, grain, postharvest20
    Corn, pop, postharvest20
    Cotton, undelinted seed, postharvest8
    Crabapple, postharvest8
    Currant, postharvest8
    Dewberry, postharvest8
    Egg1
    Fig, postharvest8
    Flax, seed, postharvest8
    Goat, fat0.1
    Goat, meat byproducts0.1
    Goat, meat0.1
    Gooseberry, postharvest8
    Grape, postharvest8
    Guava, postharvest8
    Hog, fat0.1
    Hog, meat byproducts0.1
    Hog, meat0.1
    Horse, fat0.1
    Horse, meat byproducts0.1
    Horse, meat0.1
    Loganberry, postharvest8
    Mango, postharvest8
    Milk, fat0.25
    Muskmelon, postharvest8
    Oat, postharvest8
    Orange, postharvest8
    Peach, postharvest8
    Peanut, postharvest8
    Pea, postharvest8
    Pear, postharvest8
    Pineapple, postharvest8
    Plum, prune, fresh, postharvest8
    Potato, postharvest0.25
    Poultry, fat3
    Poultry, meat byproducts3
    Poultry, meat3
    Raspberry, postharvest8
    Rice, postharvest20
    Rye, postharvest20
    Sheep, fat0.1
    Sheep, meat byproducts0.1
    Sheep, meat0.1
    Sorghum, grain, postharvest8
    Sweet potato, postharvest0.25
    Tomato, postharvest8
    Walnut, postharvest8
    Wheat, postharvest20

    (2) Piperonyl butoxide may be safely used in accordance with the following prescribed conditions:

    (i) It is used or intended for use in combination with pyrethrins for control of insects:

    (A) In cereal grain mills and in storage areas for milled cereal grain products, whereby the amount of piperonyl butoxide is at least equal to but not more than 10 times the amount of pyrethrins in the formulation.

    (B) On the outer ply of multiwall paper bags of 50 pounds or more capacity in amounts not exceeding 60 milligrams per square foot, whereby the amount of piperonyl butoxide is equal to 10 times the amount of pyrethrins in the formulation. Such treated bags are to be used only for food, dried.

    (C) On cotton bags of 50 pounds or more capacity in amounts not exceeding 55 milligrams per square foot of cloth, whereby the amount of piperonyl butoxide is equal to 10 times the amount of pyrethrins in the formulation. Such treated bags are constructed with waxed paper liners and are to be used only for food, dried that contain 4 percent fat or less.

    (D) In two-ply bags consisting of cellophane/polyolefin sheets bound together by an adhesive layer when it is incorporated in the adhesive. The treated sheets shall contain not more than 50 milligrams of piperonyl butoxide per square foot (538 milligrams per square meter). Such treated bags are to be used only for packaging plum, prune, dried; grape, raisin; and other fruit, dried and are to have a maximum ratio of 3.12 milligrams of piperonyl butoxide per ounce of fruit (0.10 milligram of piperonyl butoxide per gram of product).

    (E) In food processing and food storage areas: Provided, That the food is removed or covered prior to such use.

    (ii) It is used or intended for use in combination with pyrethrins and N-octylbicycloheptene dicarboximide for insect control in accordance with 21 CFR 178.3730.

    (iii) A tolerance of 10 parts per million is established for residues of piperonyl butoxide in or on:

    (A) Grain, cereal, milled fractions when present therein as a result of its use in cereal grain mills and in storage areas for milled cereal grain products.

    (B) Food, dried when present as a result of migration from its use on the outer ply of multiwall paper bags of 50 pounds or more capacity.

    (C) Food treated in accordance with 21 CFR 178.3730.

    (D) Food, dried that contain 4 percent fat, or less, when present as a result of migration from its use on the cloth of cotton bags of 50 pounds or more capacity constructed with waxed paper liners.

    (E) Food treated in accordance with paragraph (a)(2)(i)(D) and (E) of this section.

    (iv) To assure safe use of the pesticide, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling.Start Printed Page 74814

    (v) Where tolerances are established on both raw agricultural commodities and processed food made therefrom, the total residues of piperonyl butoxide in or on the processed food shall not be greater than that permitted by the larger of the two tolerances.

    (3) Piperonyl butoxide may be safely used in accordance with the following prescribed conditions:

    (i) It is used or intended for use in combination with pyrethrins for control of insects:

    (A) On the outer ply of multiwall paper bags of 50 pounds or more capacity in amounts not exceeding 60 milligrams per square foot.

    (B) On cotton bags of 50 pounds or more capacity in amounts not exceeding 55 milligrams per square foot of cloth. Such treated bags are constructed with waxed paper liners and are to be used only for feed, dried that contain 4 percent fat or less.

    (ii) It is used in combination with pyrethrins, whereby the amount of piperonyl butoxide is equal to 10 times the amount of pyrethrins in the formulation. Such treated bags are to be used only for feed, dried.

    (iii) A tolerance of 10 parts per million is established for residues of piperonyl butoxide when present as the result of migration:

    (A) In or on feed, dried from its use on the outer ply of multiwall paper bags of 50 pounds or more capacity.

    (B) In or on feed, dried that contain 4 percent fat, or less, from its use on cotton bags of 50 pounds or more capacity constructed with waxed paper liners.

    (iv) To assure safe use of the pesticide, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency.

    (v) Where tolerances are established on both the raw agricultural commodities and food, processed made therefrom, the total residues of piperonyl butoxide in or on the processed food shall not be greater than that permitted by the larger of the two tolerances.

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. [Reserved]

    (d) Indirect or inadvertent residues. [Reserved]

    Start Amendment Part

    5. Section 180.128 is revised to read as follows:

    End Amendment Part
    Pyrethrins; tolerances for residues.

    (a) General. (1) Tolerances for residues of the insecticide pyrethrins (insecticidally active principles of Chrysanthemum cinerariaefolium) are established in or on the following food commodities:

    CommodityParts per million
    Almond, postharvest1
    Apple, postharvest1
    Barley, postharvest3
    Bean, postharvest1
    Birdseed, mixtures, postharvest3
    Blackberry, postharvest1
    Blueberry, postharvest1
    Boysenberry, postharvest1
    Buckwheat, grain, postharvest3
    Cattle, fat0.1(N)
    Cattle, meat byproducts0.1(N)
    Cattle, meat0.1(N)
    Cherry, sweet, postharvest1
    Cherry, tart, postharvest1
    Cacao bean, roasted bean, postharvest1
    Coconut, copra, postharvest1
    Corn, field, grain, postharvest3
    Corn, pop, grain, postharvest3
    Cotton, undelinted seed, postharvest1
    Crabapple, postharvest1
    Currant, postharvest1
    Dewberry, postharvest1
    Egg0.1(N)
    Fig, postharvest1
    Flax, seed, postharvest1
    Goat, fat0.1(N)
    Goat, meat byproducts0.1(N)
    Goat, meat0.1(N)
    Gooseberry, postharvest1
    Grape, postharvest1
    Guava, postharvest1
    Hog, fat0.1(N)
    Hog, meat byproducts0.1(N)
    Hog, meat0.1(N)
    Horse, fat0.1(N)
    Horse, meat byproducts0.1(N)
    Horse, meat0.1(N)
    Loganberry, postharvest1
    Mango, postharvest1
    Milk, fat0.5
    Muskmelon, postharvest1
    Oat, grain, postharvest1
    Orange, postharvest1
    Peach, postharvest1
    Peanut, postharvest1
    Pea, postharvest1
    Pear, postharvest1
    Pineapple, postharvest1
    Plum, prune, fresh, postharvest1
    Potato, postharvest0.05
    Poultry, fat0.2
    Poultry, meat byproducts0.2
    Poultry, meat0.2
    Raspberry, postharvest1
    Rice, grain, postharvest3
    Rye, postharvest3
    Sheep, fat0.1(N)
    Sheep, meat byproducts0.1(N)
    Sheep, meat0.1(N)
    Sorghum, grain, grain, postharvest1
    Sweet potato, postharvest0.05
    Tomato, postharvest1
    Walnut, postharvest1
    Wheat, postharvest3

    (2) Pyrethrins may be safely used in accordance with the following prescribed conditions:

    (i) It is used or intended for use in combination with piperonyl butoxide for control of insects:

    (A) In cereal grain mills and in storage areas for milled cereal grain products, whereby the amount of pyrethrins is from 10 percent to 100 percent of the amount of piperonyl butoxide in the formulation.

    (B) On the outer ply of multiwall paper bags of 50 pounds or more capacity in amounts not exceeding 6 milligrams per square foot, whereby the amount of pyrethrins is equal to 10 percent of the amount of piperonyl butoxide in the formulation. Such treated bags are to be used only for food, dried.

    (C) On cotton bags of 50 pounds or more capacity in amounts not exceeding 5.5 milligrams per square foot of cloth, whereby the amount of pyrethrins is equal to 10 percent of the amount of piperonyl butoxide in the formulation. Such treated bags are constructed with waxed paper liners and are to be used only for food, dried that contain 4 percent fat or less.

    (D) In two-ply bags consisting of cellophane/polyolefin sheets bound together by an adhesive layer when it is incorporated in the adhesive. The treated sheets shall contain not more than 10 milligrams of pyrethrins per square foot (107.6 milligrams per square meter). Such treated bags are to be used only for packaging plum, prune, dried; grape, raisin; and other fruit, dried, and are to have a maximum ratio of 0.31 milligram of pyrethrins per ounce of fruit (0.01 milligram of pyrethrins per gram of product).

    (E) In food processing areas and food storage areas: Provided, That the food is removed or covered prior to such use.

    (ii) It is used or intended for use in combination with piperonyl butoxide and N-octylbicycloheptene dicarboximide for insect control in accordance with § 180.367(a)(2).

    (iii) A tolerance of 1 part per million is established for residues of pyrethrins in or on:

    (A) Grain, cereal, milled fractions when present as a result of its use in cereal grain mills and in storage areas for grain, cereal, milled products.

    (B) Food, dried when present as the result of migration from its use on the Start Printed Page 74815outer ply of multiwall paper bags of 50 pounds or more capacity.

    (C) Food treated in accordance with § 180.367(a)(2).

    (D) Food, dried that contain 4 percent fat, or less, when present as a result of migration from its use on the cloth of cotton bags of 50 pounds or more capacity constructed with waxed paper liners.

    (E) Food treated in accordance with paragraphs (a)(2)(i)(D) and (a)(2)(i)(E)) of this section.

    (iv) To assure safe use of the pesticide, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling.

    (v) Where tolerances are established on both the raw agricultural commodities and food, processed made therefrom, the total residues of pyrethrins in or on the food, processed shall not be greater than that permitted by the larger of the two tolerances.

    (3) Pyrethrins may be safely used in accordance with the following prescribed conditions:

    (i) It is used or intended for use in combination with piperonyl butoxide for control of insects:

    (A) On the outer ply of multiwall paper bags of 50 pounds or more capacity in amounts not exceeding 6 milligrams per square foot.

    (B) On cotton bags of 50 pounds or more capacity in amounts not exceeding 5.5 milligrams per square foot of cloth. Such treated bags are constructed with waxed paper liners and are to be used only for feed, dried that contain 4 percent fat or less.

    (ii) It is used in combination with piperonyl butoxide, whereby the amount of pyrethrins is equal to 10 percent of the amount of piperonyl butoxide in the formulation. Such treated bags are to be used only for feed, dried.

    (iii) A tolerance of 1 part per million is established for residues of pyrethrins when present as the result of migration:

    (A) In or on feed, dried from its use on the outer ply of multiwall paper bags of 50 pounds or more capacity.

    (B) In or on feed, dried that contain 4 percent fat, or less, from its use on cotton bags of 50 pounds or more capacity constructed with waxed paper liners.

    (iv) To assure safe use of the pesticide, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency.

    (v) Where tolerances are established on both raw agricultural commodities and food, processed made therefrom, the total residues of pyrethrins in or on the food, processed shall not be greater than that permitted by the larger of the two tolerances.

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. [Reserved]

    (d) Indirect or inadvertent residues. [Reserved]

    Start Amendment Part

    6. Section 180.145 is revised to read as follows:

    End Amendment Part
    Fluorine compounds; tolerances for residues.

    (a) General. (1) Tolerances are established for combined residues of the insecticidal fluorine compounds cryolite and synthetic cryolite (sodium aluminum fluoride) in or on the following agricultural commodities:

    CommodityParts per million
    Apricot7
    Blackberry7
    Blueberry7
    Boysenberry7
    Broccoli7
    Brussels sprouts7
    Cabbage7
    Cauliflower7
    Collards7
    Cranberry7
    Cucumber7
    Dewberry7
    Eggplant7
    Fruit, citrus7
    Grape7
    Kale7
    Kohlrabi7
    Lettuce, head7
    Lettuce, leaf7
    Loganberry7
    Melon7
    Nectarine7
    Peach7
    Pepper7
    Plum, prune, fresh7
    Pumpkin7
    Raspberry7
    Squash, summer7
    Squash, winter7
    Strawberry7
    Tomato7
    Youngberry7

    (2) Time-limited tolerances are established for residues of the insecticidal fluorine compounds cryolite and synthetic cryolite (sodium aluminum fluoride) in or on the commodities as follows:

    CommodityParts per millionExpiration/revocation date
    Potato2.011/21/2001
    Potato, processed potato waste22.011/21/2001

    (3) Tolerances are established for residues of fluoride in or on the following commodities from the postharvest fumigation with sulfuryl fluoride for the control of insects:

    CommodityParts per million
    All processed food commodities not otherwise listed70
    Barley, bran, postharvest45.0
    Barley, flour, postharvest45.0
    Barley, grain, postharvest15.0
    Barley, pearled barley, postharvest45.0
    Cattle, meat, dried40
    Cheese5.0
    Cacao bean, roasted bean, postharvest20
    Coconut, postharvest40
    Coffee, bean, green, postharvest15
    Corn, field, flour, postharvest35.0
    Corn, field, grain, postharvest10.0
    Corn, field, grits, postharvest10.0
    Corn, field, meal, postharvest30.0
    Corn, pop, grain, postharvest10.0
    Cotton, undelinted seed, postharvest70
    Egg, dried900
    Fruit, dried , postharvest (other than raisin)3.0
    Ginger, postharvest70
    Grain, aspirated fractions, postharvest55.0
    Grape, raisin, postharvest7.0
    Hog, meat20
    Herbs and spices group 19, postharvest70
    Milk, powdered5.0
    Millet, grain, postharvest40.0
    Nut, pine, postharvest20
    Nut, tree, Group 14, postharvest10.0
    Oat, flour, postharvest75.0
    Oat, grain, postharvest25.0
    Oat, groats/rolled oats75.0
    Start Printed Page 74816
    Peanut, postharvest15
    Pistachio, postharvest10.0
    Rice, bran, postharvest31.0
    Rice, flour, postharvest45
    Rice, grain, postharvest12.0
    Rice, hulls, postharvest35.0
    Rice, polished rice, postharvest25.0
    Rice, wild, grain, postharvest25.0
    Sorghum, grain, postharvest40.0
    Triticale, grain, postharvest40.0
    Vegetable, legume, group 6, postharvest70
    Wheat, bran, postharvest40.0
    Wheat, flour, postharvest125.0
    Wheat, germ, postharvest130.0
    Wheat, grain, postharvest40.0
    Wheat, milled byproducts, postharvest130.0
    Wheat, shorts, postharvest40.0

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. Tolerances with regional registration, as defined by § 180.1(n), are established for the combined residues of the insecticidal fluorine compounds, cryolite and synthetic cryolite (sodium aluminum fluoride), in or on the following raw agricultural commodities:

    CommodityParts per million
    Kiwifruit15

    (d) Indirect or inadvertent residues. [Reserved]

    Start Amendment Part

    7. In § 180.206 in the table to paragraph (a) revise the entry for “Coffee bean 1” and footnote 1 to read as follows:

    End Amendment Part
    Phorate; tolerances for residues.

    (a) * * *

    CommodityParts per million
    *    *    *    *    *
    Coffee, bean, green10.02
    *    *    *    *    *
    1 There are no U.S. registrations as of September 1, 1993 for coffe, bean, green.
    * * * * *
    Start Amendment Part

    8. In § 180.225 by revising paragraph (a)(3) to read as follows:

    End Amendment Part
    Phosphine; tolerances for residues.

    (a) * * *

    (3) Residues resulting from fumigation of processed food:

    CommodityParts per million
    Processed food0.01
    * * * * *
    [Removed]
    Start Amendment Part

    9. Remove § 180.268.

    End Amendment Part Start Amendment Part

    10. In § 180.291 by revising paragraph (a) to read as follows:

    End Amendment Part
    Pentachloronitrobenzene; tolerance for residues.

    (a) A tolerance of 0.1 part per million is established for negligible residues of the fungicide pentachloronitrobenzene in or on the raw agricultural commodity cotton, undelinted seed.

    * * * * *
    Start Amendment Part

    11. In § 180.293 by revising paragraph (a)(2) to read as follows:

    End Amendment Part
    Endothall; tolerances for residues.

    (a) * * *

    (2) An interim tolerance of 0.2 parts per million is established for residues of the herbicide endothall (7 - oxabicyclo[2.2.1] heptane-2,3-dicarboxylic acid) in water, potable from use of its potassium, sodium, di-N, N-dimethylalkylamine, and mono-N-N,-dimethylalkylamine salts as algicides or herbicides to control aquatic plants in canals, lakes, ponds, and other potential sources of water, potable.

    * * * * *
    Start Amendment Part

    12. Section 180.319 is revised to read as follows:

    End Amendment Part
    Interim tolerances.

    While petitions for tolerances for negligible residues are pending and until action is completed on these petitions, interim tolerances are established for residues of the listed pesticide chemicals in or on the following raw agricultural commodities:

    SubstancesUsesTolerance in parts per millionRaw agricultural commodity
    Carbaryl (1-naphthyl N-methylcarbamate and its metabolite 1-naphthol, calculated as carbarylInsecticide0.5Egg
    Coordination product of zinc ion and manebFungicide1.0 (Calculated as zinc ethylenebisdithiocarbamate)Potato
    Endothall (7-oxabicyclo-(2,2,1) heptane 2,3- dicarboxylic acid)Herbicide0.2Beet, sugar
    Isopropyl carbanilate (IPC)Herbicide5.0Alfalfa, hay; clover, hay; and grass, hay
    2.0Alfalfa, forage; clover, forage; and grass, forage
    0.1Flax, seed; lentil; lettuce, head and lettuce, leaf; pea; safflower, seed; spinach; and beet, sugar, roots and beet, sugar, tops
    0.5Egg; 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; milk; sheep, fat; sheep meat; sheep, meat byproducts; poultry, fat; poultry, meat; poultry, meat byproducts
    Isopropyl m-chlorocarbanilate (CIPC).Herbicide0.05Milk; cattle, fat; cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; goat, meat byproducts; hog, fat; hog, meat; hog, meat byproducts; horse, fat; horse, meat; horse, meat byproducts; sheep, fat; sheep meat; sheep, meat byproducts
    Start Printed Page 74817
    Parathion (O,O-diethyl-O-p-nitrophenythiophosphate) or its methyl homologHerbicide0.5Rye
    PentachloronitrobenzeneFungicide1.0Peanut
    0.1Bean, broccoli, Brussels sprouts, cabbage, cauliflower, garlic, pepper, potato, and tomato
    Start Amendment Part

    13. Section 180.342 is amended by revising the introductory text of paragraph (a)(4) to read as follows:

    End Amendment Part
    Chlorpyrifos; tolerances for residues.

    (a) * * *

    (4) A tolerance of 0.1 part per million is established for residues of chlorpyrifos, per se, in or on food commodities (other than those already covered by a higher tolerance as a result of use on growing crops) in food service establishments where food and food products are prepared and served, as a result of the application of chlorpyrifos in microencapsulated form.

    * * * * *
    [Amended]
    Start Amendment Part

    14. In § 180.364, amend the table to paragraph (a) by removing the entry for “Peanut, forage”.

    End Amendment Part Start Amendment Part

    15. In § 180.379, paragraph (a)(2)(i) is revised to read as follows:

    End Amendment Part
    Cyano(3-phenoxyphenyl)methyl-4-chloro-α-(1-methylethyl) benzeneacetate; tolerances for residues.

    (a) * * *

    (2) * * *

    (i) In or on food commodities (other than those already covered by a higher tolerance as a result of use on growing crops) in food-handling establishments where food products are held, processed, or prepared.

    * * * * *
    [Amended]
    Start Amendment Part

    16. In § 180.399, in the table to paragraph (a)(1) by removing the entry for “Peanut hay”.

    End Amendment Part Start Amendment Part

    17. In § 180.422, by revising paragraph (a)(2)(i) to read as follows:

    End Amendment Part
    Tralomethrin; tolerances forresidues.

    (a) * * *

    (2) * * *

    (i) In or on food commodities (other than those covered by a higher tolerance as a result of use on growing crops) in food-handling establishments.

    * * * * *
    Start Amendment Part

    18. By revising § 180.438 to read as follows:

    End Amendment Part
    Lambda-cyhalothrin and an isomer gamma-cyhalothrin; tolerances for residues.

    (a) General. (1) Tolerances are established for the combined residues of the pyrethroid lambda-cyhalothrin, 1:1 mixture of (S)-α-cyano-3-phenoxybenzyl-(Z)-(1 R,3 R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-α-cyano-3-phenoxybenzyl-(Z)-(1 S,3 S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and its epimer expressed as epimer of lambda-cyhalothrin, a 1:1 mixture of (S)-α-cyano-3-phenoxybenzyl-(Z)-(1 S,3 S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-α-cyano-3-phenoxybenzyl-(Z)-(1 R,3 R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate, on plants and livestocks, as indicated in the following table.

    CommodityParts per million
    Alfalfa, forage5.0
    Alfalfa, hay6.0
    Almond, hulls1.5
    Apple, wet pomace2.50
    Avocado, imported0.20
    Brassica, head and stem, subgroup 5A0.4
    Canola, refined oil2.0
    Canola, seed1.0
    Cattle, fat3.0
    Cattle, meat0.2
    Cattle, meat byproducts0.2
    Corn, field, grain0.05
    Corn, field, grain, flour0.15
    Corn, field, forage6.0
    Corn, field, stover1.0
    Corn, pop, grain0.05
    Corn, pop, grain, flour0.05
    Corn, pop, stover1.0
    Corn, sweet, forage6.0
    Corn, sweet, stover1.0
    Corn, sweet, kernel plus cob with husks removed0.05
    Cotton, undelinted seed0.05
    Egg0.01
    Fruit, pome, group 110.30
    Fruit, stone, group 120.50
    Garlic0.1
    Goat, fat3.0
    Goat, meat0.2
    Goat, meat byproducts0.2
    Grain, aspirated fractions2.0
    Hog, fat3.0
    Hog, meat0.2
    Hog, meat byproducts0.2
    Hop, dried cones10.0
    Horse, fat3.0
    Horse, meat0.2
    Horse, meat byproducts0.2
    Lettuce, head2.0
    Lettuce, leaf2.0
    Milk, fat (reflecting 0.2 ppm in whole milk)5.0
    Nut, tree, group 140.05
    Onion, bulb0.1
    Pea and bean, dried shelled, except soybean, subgroup 6C0.10
    Pea and bean, succulent shelled, subgroup 6B0.01
    Peanut0.05
    Peanut, hay3.0
    Poultry, fat0.03
    Poultry, meat0.01
    Poultry, meat byproducts0.01
    Rice, grain1.0
    Rice, hulls5.0
    Rice, straw1.8
    Sheep, fat3.0
    Sheep, meat0.2
    Sheep, meat byproducts0.2
    Soybean0.01
    Sorghum, grain, grain0.2
    Sorghum, grain, forage0.30
    Sorghum, grain, stover0.50
    Sugarcane, cane0.05
    Sunflower, forage0.2
    Sunflower, seed, hulls0.50
    Sunflower, refined oil0.30
    Sunflower, seed0.2
    Tomato0.1
    Tomato, dry pomace6.0
    Tomato, wet pomace6.0
    Vegetables, fruiting, group 80.20
    Vegetables, legume, edible podded, subgroup 6A0.20
    Wheat, grain0.05
    Wheat, forage2.0
    Wheat, hay2.0
    Wheat, straw2.0
    Wheat, bran0.2

    (2) Tolerances1 are established for the combined residues of the pyrethroid [gamma-cyhalothrin (the isolated active isomer of lambda-cyhalothrin) (S)-′-cyano-3-phenoxybenzyl (Z)-(1 R,3 R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate)) and its epimer (R)-′-cyano-3-phenoxybenzyl (Z)-(1 R,3 R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcycloStart Printed Page 74818propanecarboxylate in/on the following commodities:

    CommodityParts per million
    Alfalfa, forage5
    Alfalfa, hay6
    Almond, hulls1.5
    Apple, wet pomace2.50
    Avocado, imported0.20
    Brassica, head and stem, subgroup 5A0.4
    Canola, seed0.15
    Cattle, fat3
    Cattle, meat0.2
    Cattle, meat byproducts0.2
    Corn, field, forage6.0
    Corn, field, grain0.05
    Corn, field, grain, flour0.15
    Corn, field, stover1.0
    Corn, pop, grain0.05
    Corn, pop, stover1.0
    Corn, sweet, forage6.0
    Corn, sweet, kernel plus cob with husks removed0.05
    Corn, sweet, stover1.0
    Cotton, undelinted seed0.05
    Egg0.01
    Fruit, pome, group 110.30
    Fruit, stone, group 120.50
    Garlic0.10
    Goat, fat3.0
    Goat, meat0.2
    Goat, meat byproducts0.2
    Grain, aspirated fractions2.0
    Hog, fat3.0
    Hog, meat0.2
    Hog, meat byproducts0.2
    Horse, fat3.0
    Horse, meat0.2
    Horse, meat byproducts0.2
    Lettuce, head2.0
    Lettuce, leaf2.0
    Milk, fat (reflecting 0.20 ppm in whole milk5.0
    Nut, tree, group 140.05
    Onion, bulb0.1
    Pea and bean, dried shelled, except soybean, subgroup 6C0.10
    Pea and bean, succulent shelled, subgroup 6B0.01
    Peanut0.05
    Peanut, hay3.0
    Poultry, fat0.03
    Poultry, meat0.01
    Poultry, meat byproducts0.01
    Rice, grain1.0
    Rice, hulls5.0
    Rice, straw1.8
    Sheep, fat3.0
    Sheep, meat0.2
    Sheep, meat byproducts0.2
    Sorghum, grain, forage0.30
    Sorghum, grain, grain0.20
    Sorghum, grain, stover0.50
    Soybean0.01
    Sugarcane0.05
    Sunflower, forage0.20
    Sunflower, seed hulls0.50
    Sunflower, refined oil0.30
    Sunflower, seed0.20
    Tomato0.10
    Tomato, dry pomace6.0
    Tomato, wet pomace6.0
    Vegetables, fruiting, group 80.20
    Vegetable, legume, edible podded, subgroup 6A0.20
    Wheat, grain0.05
    Wheat, forage2.0
    Wheat, hay2.0
    Wheat, straw2.0
    Wheat, bran2.0
    1 The analytical enforcement methods for lambda-cyhalothrin are applicable for determination of gamma-cyhalothrin residues in plant and animal commodities.

    (3) A food additive tolerance of 0.01 part per million is established for residues of the insecticide [1α(S*),3α(Z)]-(±)-cyano(3-phenoxyphenyl)methyl 3-(2-chloro-3,3,3-trifluoro-1-propenyl)-2,2-dimethylcyclopropanecarboxylate (lambda-cyhalothrin) as follows:

    (i) In or on all food commodities (other than those already covered by a higher tolerance as a result of use on growing crops) in food-handling establishments where food products are held, processed, or prepared.

    (ii) Application shall be limited solely to spot and/or crack and crevice treatment with a spray solution maximum of a 0.06-percent active ingredient by weight. Food must be removed or covered during treatment. Spray should not be applied directly to surfaces or utensils that may come into contact with food. Food-contact surfaces and equipment should be thoroughly cleaned with an effective cleaning compound and rinsed with potable water before using.

    (iii) For spot treatment, a coarse low-pressure spray shall be used. Limit individual spot treatments to an area no larger than 20 percent of the surface area. Any individual spot treatment shall not exceed 2 square feet.

    (iv) For crack and crevice treatment, equipment capable of delivering a pin-stream of spray directly into the cracks and crevices shall be used.

    (v) To assure safe use of the additive, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency, and it shall be used in accordance with such label and labeling.

    (b) Section 18 emergency exemptions. Time-limited tolerances are established for combined residues of the insecticide lambda-cyhalothrin (a 1:1 mixture of (S)-α-cyano-3-phenoxybenzyl-(Z)-(1 R,3 R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-α-cyano-3-phenoxybenzyl-(Z)-(1 S,3 S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and its epimer a 1:1 mixture of (S)-α-cyano-3-phenoxybenzyl-(Z)-(1 S,3 S)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclopropanecarboxylate and (R)-α-cyano-3-phenoxybenzyl -(Z)-(1 R,3 R)-3-(2-chloro-3,3,3-trifluoroprop-1-enyl)-2,2-dimethylcyclo-propanecarboxylate in connection with use of the pesticide under section 18 emergency exemptions granted by EPA. The tolerances will expire and are revoked on the dates specified in the following table:

    CommodityParts per millionExpiration/revocation date
    Barley, bran0.212/31/08
    Barley, grain0.0512/31/08
    Barley, hay2.012/31/08
    Barley, straw2.012/31/08
    Clover, forage5.012/31/08
    Clover, hay6.012/31/08
    Grass, forage5.012/31/08
    Grass, hay6.012/31/08
    Rice, wild, grain1.012/31/08

    (c) Tolerances with regional registrations. [Reserved]

    (d) Indirect or inadvertent residues. [Reserved]

    [Amended]
    Start Amendment Part

    19. In § 180.484, in the table to paragraph (a)(1) by removing the entry for “Sheep, milk.”

    End Amendment Part Start Amendment Part

    20. In § 180.501, by revising the introductory text of paragraph (a) to read as follows:

    End Amendment Part
    Hydroprene; tolerances for residues.

    (a) General. A tolerance of 0.2 part per million is established for residues of hydroprene [(S)-(Ethyl (2E,4E,7S)-3,7,11-trimrthyl-2,4-dodecadienoate)], (CAS Reg. No. 65733-18-8) on food commodities in food-handling establishments in accordance with the following prescribed conditions:

    * * * * *
    Start Amendment Part

    21. In § 180.519 by revising the introductory text of paragraph (a) to read as follows:

    End Amendment Part
    Bromide ion and residual bromine; tolerances for residues.

    (a) General. The food additives, bromide ion and residual bromine, may be present in water, potable in accordance with the following conditions:

    * * * * *
    Start Amendment Part

    22. Section 180.522 is revised to read as follows:

    End Amendment Part
    Start Printed Page 74819
    Fumigants for processed grains used in production of fermented malt beverage; tolerances for residues.

    (a) General. Fumigants for processed grain may be safely used, in accordance with the following conditions.

    (1) Methyl bromide. Total residues of inorganic bromides (calculated as Br) from the use of this fumigant shall not exceed 125 parts per milion.

    (2) Methyl bromide is used to fumigate corn grits and cracked rice in the production of fermented malt beverage.

    (3) To assure safe use of the fumigant, its label and labeling shall conform to the label and labeling registered by the U.S. Environmental Protection Agency, and the usage employed should conform with such label or labeling.

    (4) The total residue of inorganic bromides in fermented malt beverage, resulting from the use of corn grits and cracked rice fumigated with the fumigant described in paragraph (a)(2) of this section plus additional residues of inorganic bromides that may be present from uses in accordance with other regulations in this chapter promulgated under section 408 and/or 409 of the Act, does not exceed 25 parts per million bromide (calculated as Br).

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. [Reserved]

    (d) Indirect or inadvertent residues. [Reserved]

    Start Amendment Part

    23. Section 180.525 is revised to read as follows:

    End Amendment Part
    Resmethrin; tolerances for residues.

    (a) General. Tolerances are established for residues of the insecticide resmethrin [5-(phenylmethyl)-3-furanyl] methyl 2,2-dimethyl-3-(2-methyl-1-propenyl) cyclopropanecarboxylate in or on food commodities at 3.0 ppm resulting from use of the insecticide in food handling and storage areas as a space concentration for spot/or crack and crevice treatment and shall be limited to a maximum of 3.00 percent of the active ingredient by weight, and as a space treatment shall be limited to a maximum of 0.5 fluid ounce of 3.0 percent active ingredient by weight per 1000 cubic feet of space provided that the food is removed or covered prior to such use. To assure safe use of the additive, its label and labeling shall conform to that registered with the U.S. Environmental Protection Agency, and shall be used in accordance with such label and labeling.

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. [Reserved]

    (d) Indirect or inadvertent residues. [Reserved]

    Start Amendment Part

    24. By revising § 180.538 to read as follows:

    End Amendment Part
    Copper; tolerances for residues.

    (a) General. A tolerance of 1 part per million is established in water, potable for residues of copper resulting from the use of the algicides or herbicides basic copper carbonate (malachite), copper sulfate, copper monoethanolamine, and copper triethanolamine to control aquatic plants in reservoirs, lakes, ponds, irrigation ditches, and other potential sources of potable water.

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. [Reserved]

    (d) Indirect or inadvertent residues. [Reserved]

    Start Amendment Part

    25. In § 180.545 paragraph (a)(2) is revised to read as follows:

    End Amendment Part
    Prallethrin (RS)-2-methyl-4-oxo-3-(2-propynyl)cyclopent-2-enyl (1RS)-cis, trans-chrysanthemate; tolerances for residues.

    (a) * * *

    (2) In or on food commodities in food handling establishments where food and food products are held, processed, prepared and/or served.

    * * * * *
    End Supplemental Information

    [FR Doc. E6-21025 Filed 12-12-06; 8:45 am]

    BILLING CODE 6560-50-S

Document Information

Comments Received:
0 Comments
Effective Date:
2/26/2007
Published:
12/14/2006
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct Final rule; technical amendment.
Document Number:
E6-21025
Dates:
This Direct Final Rule is effective on February 26, 2007 without notice, unless EPA receives adverse comment by February 12, 2007. If EPA receives adverse comments, EPA will publish a Federal Register document to withdraw the direct final rule before the effective date.
Pages:
74802-74819 (18 pages)
Docket Numbers:
EPA-HQ-OPP-2002-0043, FRL-8064-3
Topics:
Administrative practice and procedure, Agricultural commodities, Environmental protection, Pesticides and pests, Reporting and recordkeeping requirements
PDF File:
e6-21025.pdf
CFR: (23)
40 CFR 180.123
40 CFR 180.127
40 CFR 180.128
40 CFR 180.145
40 CFR 180.206
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