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Rule

Exemptions from the Requirement of a Tolerance; Technical Amendments

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Information about this document as published in the Federal Register.

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AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; Technical Amendments.

SUMMARY:

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

DATES:

This regulation is effective June 3, 2009. Objections and requests for hearings must be received on or before August 3, 2009, 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-2008-0923 . All documents in the docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., 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 Bldg.), 2777 S. Crystal Dr., 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.

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FOR FURTHER INFORMATION CONTACT:

Stephen Morrill, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-8319; fax number: (703) 308-7026; e-mail address: morrill.stephen@epa.gov.

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SUPPLEMENTARY INFORMATION:

I. General

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 those engaged in the following activities:

  • Crop production (NAICS code 111).
  • Animal production (NAICS code 112).
  • Food manufacturing (NAICA code 311).
  • Pesticide manufacturing (NAICA code 32532).

This listing is not intended to be exhaustive, but rather to provide 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 EPA’s tolerance regulations at 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 FFDCA, 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. 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 Start Printed Page 26528identify docket ID number EPA-HQ-OPP-2008-0923 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 as required by 40 CFR part 178 on or before August 3, 2009.

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 this copy, identified by docket ID number EPA-HQ-OPP-2008-0923, by one of the following methods:

  • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments.
  • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
  • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305-5805.

II. Background

What Action is the Agency Taking?

EPA's Office of Pesticide Programs (OPP) has developed a commodity vocabulary database entitled Food and Feed Commodity Vocabulary. The database was developed to consolidate all the major OPP commodity vocabularies into 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 database. This is the ninth in a series of documents revising the terminology of commodity terms listed under 40 CFR part 180. Eight final rules, revising pesticide tolerance nomenclature, have published in the Federal Register: June 19, 2002 (67 FR 41802) (FRL-6835-2); June 21, 2002 (67 FR 42392) (FRL-7180-1); July 1, 2003 (68 FR 39428) (FRL-7308-9) and (68 FR 39435) (FRL-7316-9); December 13, 2006 (71 FR 74802) (FRL-8064-3); September 18, 2007 (72 FR 53134) (FRL-8126-5) corrected on October 31, 2007 (72 FR 61535) (FRL-8151-4); and October 10, 2008, (73 FR 60151) (FRL-8376-1). This revision process will establish a uniform presentation of existing commodity terms under 40 CFR part 180.

In SectionIn paragraphRemove the termAdd in its place the term
180.1011(b)beeswax and honeyhoney and honeycomb
180.1019(b)meatcattle, meat; goat, meat; hog, meat; horse, meat; sheep, meat;
180.1019(b)poultrypoultry, fat; poultry, meat; poultry, meat, byproducts
180.1019(b)eggsegg
180.1020(a) Commodity listBean, dry, edibleBean, dry, seed
180.1020(a)Corn, fodderCorn, field, stover; Corn, pop, stover;
180.1020(a)Corn, forageCorn, field, forage
180.1020(a)Corn, grainCorn, field, grain; Corn, pop, grain
180.1020(a)CottonseedCotton, undelinted, seed
180.1020(a)FlaxseedFlax, seed
180.1020(a)Guar beansGuar, seed
180.1020(a)Peas, southernCowpea, forage; Cowpea, hay; Cowpea, seed
180.1020(a)Peppers, chiliPepper, chili
180.1020(a)PotatoesPotato
180.1020(a)RiceRice, grain; Rice straw
180.1020(a)Safflower, grainSafflower, seed
180.1020(a)Sorghum, grainSorghum, grain, grain
180.1020(a)Sorghum, fodderSorghum, grain, stover
180.1020(a)SoybeansGrain, aspirated fractions; Soybean, forage; Soybean, hay; Soybean, seed
180.1020(a)Sunflower seedSunflower, seed
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180.1020(b)WheatWheat, forage; Wheat, grain; Wheat, hay; Wheat, straw
180.1021(a)MeatCattle, meat; Goat, meat; Hog, meat; Horse, meat; sheep, meat
180.1021(a)PoultryPoultry, fat; Poultry, meat; Poultry, meat byproducts
180.1021(a)EggsEgg
180.1022eggsegg
180.1022poultrypoultry, fat; poultry, meat; poultry, meat byproducts
180.1023(a)alfalfaalfalfa, forage; alfalfa, hay; alfalfa, seed
180.1023(a)barley grainbarley, grain
180.1023(a)Bermuda grassBermudagrass, forage; Bermudagrass, hay
180.1023(a)bluegrassbluegrass, forage; bluegrass, hay
180.1023(a)brome grassbromegrass, forage; bromegrass, hay
180.1023(a)cloverclover, forage; clover, hay
180.1023(a)corn graincorn, field, grain; corn, pop, grain; corn, sweet, kernel plus cob with husks removed
180.1023(a)cowpea haycowpea, hay
180.1023(a)fescuefescue, forage; fescue, hay
180.1023(a)lespedezalespedeza, forage; lespedeza, hay
180.1023(a)lupineslupin
180.1023(a)oat grainoat, grain
180.1023(a)orchard grassorchardgrass, forage; orchardgrass, hay
180.1023(a)peanut haypeanut, hay
180.1023(a)peavine haypea, field, hay
180.1023(a)rye grassryegrass, Italian, hay
180.1023(a)sorghum grainsorghum, grain, grain
180.1023(a)soybean haysoybean, hay
180.1023(a)sudan grasssudangrass, forage; sudangrass, hay
180.1023(a)timothytimothy, forage; timothy, hay
180.1023(a)vetchvetch, forage; vetch, hay
180.1023(a)wheat grainwheat, grain
180.1023(b)meat and meat byproducts of cattle, sheep, hogs, goats, horsescattle, meat; cattle, meat byproducts; goat, meat; goat, meat byproducts; hog, meat; hog, meat byproducts; horse, meat; horse, meat byproducts; sheep, meat; sheep, meat byproducts
180.1023(b)poultrypoultry, fat; poultry, meat; poultry, meat byproducts
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180.1023(b)eggsegg
180.1027(c)including corn, cottonseed, beans, lettuce, okra, peppers, sorghum, soybeans, and tomatoes.[Removed]
180.1035honey and beeswaxhoney and honeycomb
180.1037(a)cottonseedcotton, undelinted, seed
180.1037(b)artichokesartichoke
180.1043cottonseedcotton, undelinted, seed
180.1054(b)grapesgrape
180.1057citrus fruitfruit, citrus
180.1058alfalfa hayalfalfa, hay
180.1058Bermuda grass hayBermudagrass, hay
180.1058blue grass haybluegrass, hay
180.1058brome grass haybromegrass, hay
180.1058clover hayclover, hay
180.1058corn graincorn, field, grain; corn, pop, grain
180.1058oat grainoat, grain
180.1058orchard grass hayorchardgrass, hay
180.1058sorghum grainsorghum, grain, grain
180.1058sudan grass haysudangrass, hay
180.1058rye grass hayryegrass, Italian, hay
180.1058timothy haytimothy, hay
180.1070crop group Brassica (cole) leafy vegetablesVegetable, brassica, leafy, group 5
180.1070radishesradish, roots; radish, tops
180.1073peachespeach
180.1073quincesquince
180.1073nectarinesnectarine
180.1073macadamina nutsnut, macadamia
180.1075Rice grainRice, grain
180.1075SoybeansSoybean, seed; Soybean, forage; Soybean, hay; Grain, aspirated fractions
180.1076(b)pasture and rangeland foragegrass, pasture, forage; grass, rangeland, forage
180.1083(a) and (b)PeasPea, dry, seed; Pea, succulent
180.1087almondalmond; almond, hulls
180.1087cottoncotton, undelinted seed; cotton, gin byproducts
180.1087soybeanssoybean, seed; soybean, forage; soybean, hay; grain, aspirated fractions
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180.1087potatoespotato
180.1087sugarbeetsbeet, sugar, roots; beet, sugar, tops
180.1087tomatoestomato
180.1087bell pepperspepper, bell
180.1087strawberriesstrawberry
180.1087eggplantseggplant
180.1087cucumberscucumber
180.1087carrotscarrot, roots
180.1087radishradish, roots; radish, tops
180.1087turnipsturnip, roots; turnip, tops
180.1087onionsonion
180.1087peaspea, dry, seed; pea, succulent
180.1087melonsmelon
180.1087grapesgrape
180.1087walnutswalnut
180.1092beeswax and honeyhoney and honeycomb
180.1097grapesgrape
180.1103RACsraw agicultural commodities
180.1113grasses, forage and haygrass, forage; grass, hay
180.1113rice, grain and strawrice, grain; rice, straw
180.1113soybeansGrain, aspirated fractions; soybean, seed
180.1113soybean, forage and haysoybean, forage; soybean, hay
180.1113wild ricerice, wild grain
180.1178honey and beeswaxhoney and honeycomb
180.1196(a)raw agricultural commodities, in processed commoditiesall food commodities
180.1196(b)all raw and processed food commoditiesall food commodities
180.1206(a)cotton and its food/feed commoditiescotton, gin byproducts; cotton, hulls; cotton, meal; cotton, refined oil; cotton, undelinted seed
180.1206(c)on cornin or on grain, aspirated fractions; corn, field, forage: corn, field flour; corn, field, grain; corn, field, grits; corn, field, starch; corn, field, stover; corn, pop, grain; corn, pop, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; corn, sweet, stover
180.1219corn, sweet (K+CWHR)corn, sweet, kernel plus cob with husks removed
180.1254on peanut and its food/feed commoditiesIn or on peanut; peanut hay; peanut, meal; peanut, refined oil
180.1258alfalfaAlfalfa, seed; alfalfa, hay
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180.1258barley grainbarley, grain
180.1258Bermuda grass;bermudagrass, hay
180.1258bluegrassbluegrass, hay
180.1258brome grassbromegrass, hay
180.1258cloverclover, hay
180.1258corn graincorn, field, grain; corn, pop, grain
180.1258cowpea haycowpea, hay
180.1258fescue hayfescue, hay
180.1258lespedezalespedeza, hay
180.1258lupineslupin
180.1258oat grainoat, grain
180.1258orchard grassorchardgrass, hay
180.1258peanut grasspeanut, hay
180.1258Timothytimothy, hay
180.1258vetchvetch, hay
180.1258wheat grainwheat, grain
180.1261tomatoes and pepperspepper and tomato
180.1274wheat and barleygrain, aspirated fractions; barley, grain: barley, hay; barley, straw; wheat, grain; wheat, forage; wheat, hay; wheat, straw
180.1276grass and grass haygrass, forage; grass, hay
180.1279cucurbitscucurbit

III. Statutory and Executive Order Reviews

This document makes technical amendments to the Code of Federal Regulations which have no substantive impact on the underlying regulations, and 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 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 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. 601 et 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 rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. These technical amendments to the Code of Federal Regulations have no substantive impact on the underyling regulations. These technical amendments 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 Start Printed Page 26533Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that have “substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.” This 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 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 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 rule.

IV. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report to each House of the Congress and 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 the rule in the Federal Register. This rule is not a “major rule” as defined by 5 U.S.C. 804(2).

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List of Subjects in 40 CFR Part 180

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Dated: May 21, 2009.

W. Michael McDavit,

Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

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Therefore, 40 CFR chapter I 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. In §180.1011, by revising paragraph (b) to read as follows:

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Viable spores of the microorganism Bacillus thuringiensis Berliner; exemption from the requirement of a tolerance.

(b) Exemption from the requirement of a tolerance is established for residues of the microbial insecticide Bacillus thuringiensis Berliner, as specified in paragraph (a) of this section, in or on honey and honeycomb and all other raw agricultural commodities when it is applied either to growing crops, or when it is applied after harvest in accordance with good agricultural practices.

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3. In § 180.1019, by revising paragraph (b) to read as follows:

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Sulfuric acid; exemption from the requirement of a tolerance.

(b) Residues of sulfuric acid are exempted from the requirement of a tolerance in cattle, meat; goat, meat; hog, meat; horse, meat; sheep, meat; poultry, fat; poultry, meat; poultry, meat, byproducts; egg; milk; fish, shellfish, and irrigated crops when it results from the use of sulfuric acid as an inert ingredient in a pesticide product used in irrigation conveyance systems and lakes, ponds, reservoirs, or bodies of water in which fish or shellfish are cultivated. The sulfuric acid is not to exceed 10% of the pesticide formulation (non-aerosol formulations only).

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In § 180.1020, by revising the Commodity list in paragraph (a) and the table in paragraph (b) to read as follows:

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Sodium chlorate; exemption from the requirement of a tolerance.

(a) * * *

Commodity

Bean, dry, seed

Corn, field, forage

Corn, field, grain

Corn, field, stover

Corn, pop, grain

Corn, pop, stover

Cotton, undelinted seed

Cowpea, forage

Cowpea, hay

Cowpea, seed

Flax, seed

Flax, straw

Grain, aspirated fractions

Guar, seed

Pepper, chili

Potato

Rice, grain

Rice, straw

Safflower, seed

Sorghum, forage

Sorghum, grain, grain

Sorghum, grain, stover

Soybean, forage

Soybean, hay

Soybean, seed

Sunflower, seed

(b) * * *

CommodityParts per millionExpiration/revocation date
Wheat, forageNA12/31/06
Wheat, grainNA12/31/06
Wheat, hayNA12/31/06
Wheat, strawNA12/31/06
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5. In §180.1021, by revising paragraph (a) introductory text to read as follows:

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Copper; exemption from the requirement of a tolerance.

(a) Copper is exempted from the requirement of a tolerance in cattle, meat; goat, meat; hog, meat; horse, meat; sheep, meat; milk, poultry, fat; poultry, meat; poultry, meat byproducts; egg, fish, shellfish, and irrigated crops when it results from the use of:

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6. Section 180.1022 is revised to read as follows:

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Iodine-detergent complex; exemption from the requirement of a tolerance.

The aqueous solution of hydriodic acid and elemental iodine, including one or both of the surfactants (a) polyoxypropylene-polyoxyethylene glycol nomionic block polymers (minimum average molecular weight 1,900) and (b) α-(p- nonylphenyl)-omega- hydroxypoly (oxyethylene) having a maximum average molecular weight of 748 and in which the nonyl group is a propylene trimer isomer, is exempted from the requirement of a tolerance for residues in egg, and poultry, fat; poultry, meat; poultry, meat byproducts when used as a sanitizer in poultry drinking water.

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7. In § 180.1023, by revising paragraphs (a) and (b) to read as follows:

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Propanoic acid; exemptions from the requirement of a tolerance.

(a) Postharvest application of propanoic acid or a mixture of methylene bispropionate and oxy(bismethylene) bisproprionate when used as a fungicide is exempted from the requirement of a tolerance for residues in or on the following raw agricultural commodities: Alfalfa, forage; alfalfa, hay; alfalfa, seed; barley, grain; Bermudagrass, forage; Bermudagrass, hay; bluegrass, forage; bluegrass, hay; bromegrass, forage; bromegrass, hay; clover, forage; clover, hay; corn, field, grain; corn, pop, grain; cowpea, hay; fescue, forage; fescue, hay; lespedeza, forage; lespedeza, hay; lupin; oat, grain; orchardgrass, forage; orchardgrass, hay; peanut, hay; pea, field, hay; ryegrass, Italian, hay; sorghum, grain, grain; soybean, hay; sudangrass, forage; sudangrass, hay; timothy, forage; timothy, hay; vetch, forage; vetch, hay; and wheat, grain.

(b) Propanoic acid is exempt from the requirement of a tolerance for residues in or on cattle, meat; cattle, meat byproducts; goat, meat; goat, meat byproducts; hog, meat; hog meat byproducts; horse, meat; horse, meat byproducts; sheep, meat; sheep meat byproducts; and, poultry, fat; poultry meat; poultry meat byproducts; milk, and egg when applied as a bactericide/fungicide to livestock drinking water, poultry litter, and storage areas for silage and grain.

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8. In § 180.1027, by revising paragraph (c) to read as follows:

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Nuclear polyhedrosis virus of Heliothis zea; exemption from the requirement of a tolerance.

(c) Exemptions from the requirement of a tolerance are established for the residues of the microbial insecticide Heliothis zea NPV, as specified in paragraphs (a) and (b) of this section, in or on all agricultural commodities.

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9. Section 180.1035 is revised to read as follows:

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Pine oil; exemption from the requirement of a tolerance.

Pine oil is exempted from the requirement of a tolerance for residues in the raw agricultural commodities honey and honeycomb, when present therein as a result of its use as a deodorant at no more than 12 percent in formulation with the bee repellent butanoic anhydride applied in an absorbent pad over the hive.

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10. Section 180.1037 is revised to read as follows:

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Polybutenes; exemption from the requirement of a tolerance.

(a) Polybutenes are exempt from the requirement of a tolerance for residues in or on the raw agricultural commodity cotton, undelinted seed when used as a sticker agent for formulations of the attractant gossyplure (1:1 mixture of (Z,Z)- and (Z,E)-7,11-hexadecadien-1-ol acetate) to disrupt the mating of the pink bollworm.

(b) Polybutenes are exempt from the requirement of a tolerance for residues in or on the raw agricultural commodity artichoke when used as a sticker agent in multi-layered laminted controlled-release dispensers of (Z)-11-hexaadecenal to disrupt the mating of the artichoke plume moth.

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11. Section 180.1043 is revised to read as follows:

End Amendment Part
Gossyplure; exemption from the requirement of a tolerance.

The pheromone gossyplure, a 1:1 mixture of (Z,Z)- and (Z,E)-7,11-hexadecadien-1-ol acetate) is exempt from the requirement of a tolerance in or on the raw agricultural commodity cotton, undelinted seed when applied to cotton from capillary fibers.

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12. In § 180.1054, by revising paragraph (b) to read as follows:

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Calcium hypochlorite; exemptions from the requirement of a tolerance.

(b) Calcium hypochlorite is exempted from the requirement of a tolerance in or on grape when used as a fumigant postharvest by means of a chlorine generator pad.

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13. Section 180.1057 is revised to read as follows:

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Phytophthora palmivora; exemption from requirement of tolerance.

Phytophthora palmivora is exempted from the requirement of a tolerance in or on the raw agricultural commodity fruit, citrus.

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14. Section 180.1058 is revised to read as follows:

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Sodium diacetate; exemption from the requirement of a tolerance.

Sodium diacetate, when used postharvest as a fungicide, is exempt from the requirement of a tolerance for residues in or on alfalfa, hay; Bermudagrass, hay; bluegrass, hay; bromegrass, hay; clover,hay; corm, field, grain; corn, pop, grain; oat, grain; orchardgrass, hay; sorghum, grain, grain; sudangrass, hay; ryegrass, Italian, hay; timothy, hay.

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15. Section 180.1070 is revised to read as follows:

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Sodium chlorite; exemption from the requirement of a tolerance.

Sodium chlorite is exempted from the requirement of a tolerance for residues when used in accordance with good agricultural practice as a seed-soak treatment in the growing of the raw agricultural commodities vegetable, brassica, leafy, group 5 and radish, roots and radish, tops.

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16. Section 180.1073 is revised to read as follows:

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Isomate-M; exemption from the requirement of a tolerance.

The oriental fruit moth pheromone (Isomate-M) (Z-8-dodecen-l-yl acetate, E-8-dodecen-l-yl acetate, Z-8-dodecen-l-ol) is exempt from the requirement of a tolerance in or on all the raw agricultural commodities (food and feed) including, peach; quince; nectarine; and nut, macadamia when used in orchards with encapsulated polyethylene tubing to control oriental fruit moth.

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17. In § 180.1075, by revising the Commodity list to read as follows:

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Colletotrichum gloeosporioides f. sp. aeschynomene; exemption from the requirement of a tolerance.

Commodity

Aspirated grain fractions

Rice, grain

Soybean, forage

Soybean, hay

Soybean, seed

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18. In § 180.1076, by revising paragraph (b) to read as follows:

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Viable spores of the microorganism Bacillus popilliae; exemption from the requirement of a tolerance.

(b) Exemption from the requirement of a tolerance is established for residues of the microbial insecticide Bacillus popilliae, as specified in paragraph (a) of this section in or on grass, pasture, forage and grass, rangeland, forage when it is applied to growing crops in accordance with good agricultural practices.

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19. In § 180.1083, by revising paragraphs (a) and (b) to read as follows:

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Dimethyl sulfoxide; exemption from the requirement of a tolerance.

(a) Carbaryl (1-naphthyl methyl-carbamate)

Pea, dry, seed

Pea, succulent

(b) O-O-Diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate

Pea, dry, seed

Pea, succulent

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20. Section 180.1087 is revised to read as follows:

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Sesame stalks; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of the biorational nematicide sesame stalk in or on the following raw agricultural commodities: Almond; almond, hulls; cotton, undelinted seed; cotton, gin byproducts; soybean, seed; soybean, forage; soybean, hay; aspirated grain fractions; potato; beet, sugar, roots; beet, sugar, tops; tomato; pepper, bell; squash; strawberry; eggplant; cucumber; carrot, roots; radish, roots; radish, top; turnip, roots; turnip, tops; onion; pea, dry; pea, succulent; melon; grape; walnut; orange; grapefruit; mulberry; peach; apple; apricot; blackberry; loganberry; pecan; cherry; plum, and cranberry.

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21. Section 180.1092 is revised to read as follows:

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Menthol; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of the pesticidal chemical menthol in or on honey and honeycomb when used in accordance with good agricultural practice in over-wintering bee hives.

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22. Section 180.1097 is revised to read as follows:

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GBM-ROPE; exemption from the requirement of a tolerance.

The grape berry moth pheromone (GBM-ROPE) containing the active ingredients (Z)-9-dedecenyl acetate and (Z)-11-tetradecenyl acetate is exempt from the requirement of a tolerance in or on the raw agricultural commodity grape when used in orchards with encapsulated polyethylene tubing to control grape berry moth.

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23. Section 180.1103 is revised to read as follows:

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Isomate-C; exemption from the requirement of a tolerance.

The codling moth pheromone (Isomate-C) E,E-8,10-dodecenyl alcohol, dodecanol, tetradecanol is exempt from the requirements of a tolerance in or on all raw agricultural commodities when formulated in polyethylene pheromone dispensers for use in orchards with encapsulated polyethylene tubing to control codling moth.

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24. Section 180.1113 is revised to read as follows:

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Lagenidium giganteum; exemption from the requirement of a tolerance.

Lagenidium giganteum (a fungal organism) is exempt from the requirement of a tolerance in or on the raw agricultural commodities aspirated grain fractions; grass, forage; grass, hay; rice, grain; rice, straw; soybean, seed; soybean, forage; soybean, hay; rice, wild, grain.

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25. Section 180.1178 is revised to read as follows:

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Formic acid; exemption from the requirement of a tolerance.

The pesticide formic acid is exempted from the requirement of a tolerance in or on honey and honeycomb when used to control tracheal mites and suppress varroa mites in bee colonies, and applied in accordance with label use directions.

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26. Section 180.1196 is revised to read as follows:

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Peroxyacetic acid; exemption from the requirement of a tolerance.

(a) An exemption from the requirement of a tolerance is established for residues of peroxyacetic acid in or on all food commodities, when such residues result from the use of peroxyacetic acid as an antimicrobial treatment in solutions containing a diluted end use concentration of peroxyacetic acid up to 100 ppm per application on fruits, vegetables, tree nuts, cereal grains, herbs, and spices.

(b) An exemption from the requirement of a tolerance is established for residues of peroxyacetic acid, in or on all food commodities when used in sanitizing solutions containing a diluted end-use concentration of peroxyacetic acid up to 500 ppm, and applied to tableware, utensils, dishes, pipelines, tanks, vats, fillers, evaporators, pasteurizers, aseptic equipment, milking equipment, and other food processing equipment in food handling establishments including, but not limited to dairies, dairy barns, restaurants, food service operations, breweries, wineries, and beverage and food processing plants.

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27. In § 180.1206, by revising paragraphs (a) and (c) to read as follows:

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Aspergillus flavus AF36; exemption from the requirement of a tolerance.

(a) An exemption from the requirement of a tolerance is established for residues of the microbial pesticide Aspergillus flavus AF36 in or on cotton, gin byproducts; cotton, hulls; cotton, meal; cotton, refined oil; cotton, undelinted seed.

(c) Aspergillus flavis AF 36 is temporarily exempt from the requirement of a tolerance on corn, field, forage; corn, field, grain; corn, field, stover; corn, pop, grain; corn, pop, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; corn, sweet, stover when used in accordance with the Experimental Use Permit 71693-EUP-2. This temporary exemption from the tolerance will expire December 31, 2011.

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28. Section 180.1219 is revised to read as follows:

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Foramsulfuron; exemption from the requirement of a tolerance.

The pesticide foramsulfuron is exempted from the requirement of a tolerance in corn, field, grain/corn, field, forage/ corn, field, stover/corn, pop, grain/corn, pop, forage/corn, pop, stover; corn, sweet, forage; corn, sweet, kernel plus cob with husks removed; corn, sweet, stover when applied as a herbicide in accordance with good agricultural practices.

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29. Section 180.1254 is revised to read as follows:

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Aspergillus flavus NRRL 21882 on peanut; exemption from requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of Aspergillus flavus NRRL 21882 in or on peanut; peanut hay; peanut, meal; peanut, refined oil.

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30. Section 180.1258 is revised to read as follows:

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Acetic acid; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance is established for residues of the biochemical pesticide acetic acid when used as a preservative on post-harvest agricultural commodities intended for animal feed, including Alfalfa, seed; alfalfa, hay; barley, grain; bermudagrass, hay; bluegrass, hay; bromegrass, hay; clover, hay; corn, field, grain; corn, pop, grain; cowpea, hay; fescue, hay; lespedeza, hay; lupin; oat, grain; orchardgrass, hay; peanut, hay; timothy, hay; vetch, hay; and wheat, grain, or commodities described as grain or hay.

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31. Section 180.1261 is revised to read as follows:

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Xanthomonas campestris pv. vesicatoria and Pseudomonas syringae pv. tomato specific Bacteriophages.

An exemption from the requirement of a tolerance is established for residues of Xanthomonas campestris pv. vesicatoria and Pseudomonas syringae pv. tomato specific bacteriophages in or on pepper and tomato.

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32. In § 180.1274, by revising the introductory text to read as follows:

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Tris (2-ethylhexyl) phosphate; exemption from the requirement of a tolerance.

Tris (2-ethylhexyl) phosphate (TEHP, CAS Reg. No. 78-42-2) is exempt from the requirement of a tolerance for residues in grain, aspirated fractions; barley, grain, barley, hay, barley, straw; wheat, grain; wheat, forage; wheat, hay; wheat, straw when used under the following conditions:

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33. Section 180.1276 is revised to read as follows:

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Tobacco mild green mosaic tobamovirus (TMGMV); temporary exemption from the requirement of a tolerance.

A temporary exemption from the requirement of a tolerance is established for residues of tobacco mild green mosaic tobamovirus in or on all grass, forage and grass, hay.

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34. Section 180.1279 is revised to read as follows:

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Zucchini yellow mosaic virus—weak strain; exemption from the requirement of a tolerance.

An exemption from the requirement of a tolerance for residues of the ZYMV-WK strain in or on all raw cucurbit when applied/used in accordance with label directions.

End Supplemental Information

[FR Doc. E9-12694 Filed 6-2-09; 8:45 am]

BILLING CODE 6560-50-S