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Pesticide Tolerance Nomenclature Changes; Technical Amendment

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Information about this document as published in the Federal Register.

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Start Preamble

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

This final rule makes minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. This action establishes a uniform listing of commodity terms.

DATES:

This document is effective September 9, 2009. Objections and Start Printed Page 46370requests for hearings must be received on or before November 9, 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-2002-0043. 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 either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Drive, Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305-5805.

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FOR FURTHER INFORMATION CONTACT:

Stephen Schaible, Registration Division (7505C), 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.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:

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

This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. 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 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 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 as required by 40 CFR part 178 on or before November 9, 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-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-400, 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

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 tenth in a series of documents revising the terminology of commodity terms listed under 40 CFR part 180. Nine 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); October 10, 2008 (73 FR 60151) (FRL-8376-1) and June 3, 2009 (74 FR 26527) (FRL-8417-9). EPA issued a proposed rule in the Federal Register of May 29, 2009 (74 FR 25689) (FRL-8403-8), announcing proposed terminology changes to 40 CFR part 180, subpart C. No comments were received in response to the May 29, 2009 Federal Register proposed rule.

III. Statutory and Exective Order Reviews

This document 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 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 rule does Start Printed Page 46371not 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. 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 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 that includes a copy of the rule 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).

Start List of Subjects

List of Subjects in 40 CFR Part 180

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Dated: August 26, 2009.

Debra Edwards,

Director, 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), 346(a) and 371.

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2. Section 180.110 is amended by removing the entry for “Cabbage, chinese,” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Maneb; tolerances for residues.

(a)  * * *

CommodityParts per millionExpiration/Revocation Date
*   *   *    *   *
Cabbage, Chinese, bok choy10None
Cabbage, Chinese, napa10None
*   *   *    *   *
* * * * *
Start Amendment Part

3. Section 180.111 is amended by removing the entries for “Alfalfa,” “Bean,” “Beet (including tops),” “Clover,” “Corn, forage,” “Corn, grain, postharvest,” “Onion (including green onion),” “Salsify (including tops),” “Soybean (dry and succulent),” “Squash, summer and winter,” and “Turnip (including tops)” and alphabetically adding the following commodities to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Malathion; tolerances for residues.

(a) General. (1)  * * *

CommodityParts per million
Alfalfa, forage135
Alfalfa, hay135
*   *   *    *   *
Bean, dry seed8
Bean, succulent8
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Beet, garden, roots8
Beet, garden, tops8
*   *   *    *   *
Clover, forage135
Clover, hay135
*   *   *    *   *
Corn, field, forage8
Corn, field, grain, postharvest8
*   *   *    *   *
Corn, pop, grain, postharvest8
Corn, sweet, forage8
*   *   *    *   *
Onion, bulb8
Onion, green8
*   *   *    *   *
Salsify, roots8
Salsify, tops8
*   *   *    *   *
Soybean, seed8
Soybean, vegetable, succulent8
*   *   *    *   *
Squash, summer8
Squash, winter8
*   *   *    *   *
Turnip, greens8
Turnip, roots8
*   *   *    *   *
* * * * *
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4. Section 180.121 is amended as follows:

End Amendment Part Start Amendment Part

a. By removing the entry for “Corn” from the table in paragraph (a).

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b. By removing the entry for “Vetch” from the table in paragraph (e).

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c. By adding alphabetically the following entries to the tables in paragraphs (a) and (e) to read as follows:

End Amendment Part
Methyl parathion; tolerances for residues.

(a)  * * *

CommodityParts per millionExpiration/Revocation Date
*   *   *    *   *
Corn, field, grain1.0None
Corn, pop, grain1.0None
*   *   *    *   *
Corn, sweet, kernel plus cob with husks removed1.0None
*   *   *    *   *
* * * * *

(e)  * * *

CommodityParts per million
*   *   *    *   *
Vetch, forage1
Vetch, hay1
Start Amendment Part

5. Section 180.149 is amended by removing the entry for “Corn, grain, postharvest” and adding alphabetically the following entries to the table in paragraph (a)(2) to read as follows:

End Amendment Part
Mineral oil; tolerances for residues.

(a) * * *

(2) * * *

CommodityParts per million
Corn, field, grain, postharvest200
Corn, pop, grain, postharvest200
*   *   *    *   *
* * * * *
Start Amendment Part

6. Section 180.176 is amended by removing the entries for “Barley, milled feed fractions,” “Corn, forage,” “Corn, stover,” “Kidney,” “Liver,” “Oat, milled feed fractions,” and “Wheat, milled byproducts” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Mancozeb; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Barley, bran20
Barley, flour20
*   *   *    *   *
Barley, pearled barley20
*   *   *    *   *
Cattle, kidney0.5
Cattle, liver0.5
*   *   *    *   *
Corn, field, forage5
*   *   *    *   *
Corn, field, stover5
Corn, pop, stover5
Corn, sweet, forage5
*   *   *    *   *
Corn, sweet, stover5
*   *   *    *   *
Goat, kidney0.5
Goat, liver0.5
*   *   *    *   *
Hog, kidney0.5
Hog, liver0.5
Horse, kidney0.5
Horse, liver0.5
*   *   *    *   *
Oat, flour20
*   *   *    *   *
Oat, groats/rolled oats20
*   *   *    *   *
Poultry, kidney0.5
Poultry, liver0.5
*   *   *    *   *
Sheep, kidney0.5
Sheep, liver0.5
*   *   *    *   *
Wheat, bran20
Wheat, flour20
Wheat, germ20
*   *   *    *   *
Wheat, middlings20
Wheat, shorts20
*   *   *    *   *
* * * * *
Start Amendment Part

7. Section 180.205 is amended by removing the entry for “Mint, hay,” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Paraquat; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Peppermint, tops0.5
*   *   *    *   *
Spearmint, tops0.5
*   *   *    *   *
* * * * *
Start Amendment Part

8. Section 180.222 is amended by removing the entry for “Corn, grain” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Prometryn; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Corn, field, grain0.25
Corn, pop, grain0.25
*   *   *    *   *
* * * * *
Start Amendment Part

9. Section 180.225 is amended by removing the entry for “Cabbage, Chinese” and adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Phosphine; tolerances for residues.

(a) General. (1)  * * * Start Printed Page 46373

CommodityParts per million
*   *   *    *   *
Cabbage, Chinese, bok choy0.01
Cabbage, Chinese, napa0.01
*   *   *    *   *
* * * * *
Start Amendment Part

10. Section 180.235 is amended by revising paragraph (a)(2) to read as follows:

End Amendment Part
Dichlorvos; tolerances for residues.

(a) General.  * * *

(2) The tolerance of 0.1 part per million prescribed by 21 CFR 556.180 for negligible residues of 2,2-dichlorovinyl dimethyl phosphate in hog, fat; hog, meat; hog, meat byproducts; and hog, skin covers both its use as an anthelmintic in swine feed and as an insecticide applied directly to swine.

* * * * *
Start Amendment Part

11. Section 180.253 is amended by removing the entries for “Alfalfa,” “Cabbage, chinese,” “Corn forage,” “Corn, grain (inc pop),” “Corn, stover,” and “Mint, hay,” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Methomyl; tolerances for residues.

(a) * * *

CommodityParts per million
Alfalfa, forage10
Alfalfa, hay10
*   *   *    *   *
Cabbage, Chinese, bok choy5
Cabbage, Chinese, napa5
*   *   *    *   *
Corn, field, forage10
Corn, field, grain0.1
Corn, field, stover10
Corn, pop, grain0.1
Corn, pop, stover10
*   *   *    *   *
Corn, sweet, forage10
Corn, sweet, stover10
*   *   *    *   *
Peppermint, tops2
*   *   *    *   *
Spearmint, tops2
*   *   *    *   *
* * * * *
Start Amendment Part

12. Section 180.254 is amended by removing the entries for “Corn, forage (of which no more than 5 ppm are carbamates),” “Corn, grain (including popcorn) (of which no more than 0.1 ppm is carbamates), and “Corn, stover (of which no more than 5 ppm are carbamates)” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Carbofuran; tolerances for residues.

(a) * * *

CommodityParts per millionExpiration/Revocation date
*   *   *    *   *
Corn, field, forage (of which no more than 5 ppm are carbamates)2512/31/09
Corn, field, grain (of which no more than 0.1 ppm is carbamates)0.212/31/09
Corn, field, stover (of which no more than 5 ppm are carbamates)2512/31/09
Corn, pop, grain (of which no more than 0.1 ppm is carbamates)0.212/31/09
Corn, pop, stover (of which no more than 5 ppm are carbamates)2512/31/09
Corn, sweet, forage (of which no more than 5 ppm are carbamates)2512/31/09
*   *   *    *   *
Corn, sweet, stover (of which no more than 5 ppm is carbamates)2512/31/09
*   *   *    *   *
* * * * *
Start Amendment Part

13. Section 180.261 is amended by removing the entry for “Alfalfa” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
N-(Mercaptomethyl)phthalimide S-(O, O-dimethylphosphorodithioate) and its oxygen analog; tolerances for residues.

(a) * * *

CommodityParts per million
Alfalfa, forage40
Alfalfa, hay40
*   *   *    *   *
* * * * *
Start Amendment Part

14. Section 180.262 is amended by removing the entries for “Corn, forage,” “Corn, grain,” and “Corn, stover,” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Ethoprop; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Corn, field, forage0.02
Corn, field, grain0.02
Corn, field, stover0.02
Corn, pop, grain0.02
Corn, pop, stover0.02
Corn, sweet, forage0.02
*   *   *    *   *
Corn, sweet, stover0.02
* * * * *
Start Amendment Part

15. Section 180.275 is amended by removing the entry for “Mint hay” and adding alphabetically the following entries to the table in paragraph (c) to read as follows:

End Amendment Part
Chlorothalonil; tolerances for residues.
* * * * *

(c) * * *

CommodityParts per million
*   *   *    *   *
Peppermint, tops2
*   *   *    *   *
Spearmint, tops2
* * * * *
Start Amendment Part

16. Section 180.284 is amended by removing the entry for “Grass

End Amendment Part
Zinc phosphide; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Grass, rangeland, forage0.1
Grass, rangeland, hay0.1
*   *   *    *   *
* * * * *
Start Amendment Part

17. Section 180.288 is amended by removing the entries for “Corn, grain” and “Corn, stover” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
2-(Thiocyanomethylthio)benzothiazole; tolerances for residues.

(a)  * * *

CommodityParts per million
*   *   *    *   *
Corn, field, grain0.1
Corn, field, stover0.1
Corn, pop, grain0.1
Corn, pop, stover0.1
*   *   *    *   *
Start Amendment Part

18. Section 180.331 is amended by removing the entry for “Clover,” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
4-(2,4-Dichlorophenoxy)butyric acid; tolerances for residues.

(a)  * * *

CommodityParts per million
*   *   *    *   *
Clover, forage0.2
Clover, hay0.2
*   *   *    *   *
Start Amendment Part

19. Section 180.377 is amended by removing the entry for “Wheat, milled byproducts” and adding alphabetically the following entries to the table in paragraph (b) to read as follows:

End Amendment Part
Diflubenzuron; tolerances for residues.
* * * * *

(b)  * * *

CommodityParts per millionExpiration/revocation date
*   *   *    *   *
Wheat, bran0.1012/31/08
Wheat, flour0.1012/31/08
Wheat, germ0.1012/31/08
*   *   *    *   *
Wheat, middlings0.1012/31/08
Wheat, shorts0.1012/31/08
Start Amendment Part

20. Section 180.379 is amended by removing the entries for “Corn, forage,” “Corn, grain,” and “Corn, stover” and adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

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

(a) General. (1)  * * *

CommodityParts per million
*   *   *    *   *
Corn, field, forage50.0
Corn, field, grain0.02
Corn, field, stover50.0
Corn, pop, grain0.02
Corn, pop, stover50.0
Corn, sweet, forage50.0
*   *   *    *   *
Corn, sweet, stover50.0
*   *   *    *   *
* * * * *
Start Amendment Part

21. Section 180.408 is amended as follows:

End Amendment Part Start Amendment Part

a. By removing the entries for “Potato, processed (including potato, chips),” and “Tomato, processed” from the table in paragraph (a).

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b. By removing the entries for “Barley, milling fractions” and “Oat milling fractions,” and “Wheat, milling fractions” from the table in paragraph (d).

End Amendment Part Start Amendment Part

c. By adding alphabetically the following entries to the tables in paragraphs (a) and (d) to read as follows:

End Amendment Part
Metalaxyl; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Potato, chips4.0
Potato, granules, flakes4.0
*   *   *    *   *
Potato, wet peel4.0
*   *   *    *   *
Tomato, paste3.0
Tomato, puree3.0
*   *   *    *   *
* * * * *

(d) * * *

CommodityParts per million
Barley, bran1.0
Barley, flour1.0
*   *   *    *   *
Barley, pearled barley1.0
*   *   *    *   *
Oat, flour1.0
*   *   *    *   *
Oat, groats, rolled oats1.0
*   *   *    *   *
Wheat, bran1.0
*   *   *    *   *
Wheat, flour1.0
*   *   *    *   *
Wheat, germ1.0
*   *   *    *   *
Wheat, middlings1.0
Wheat, shorts1.0
*   *   *    *   *
* * * * *
Start Amendment Part

22. Section 180.411 is amended by removing the entry for “Cotton, oil” and adding alphabetically the following entry to the table in paragraph (a) to read as follows:

End Amendment Part
Fluazifop-P-butyl; tolerances for residues.

(a) General.  * * *

CommodityParts per million
*   *   *    *   *
Cotton, refined oil0.2
*   *   *    *   *
Start Amendment Part

23. Section 180.419 is amended by revising the table in paragraph (a)(2) to read as follows:

End Amendment Part
Chlorpyrifos-methyl; tolerances for residues.

(a) General.  * * *

(2)  * * *

CommodityParts per million
Barley, bran90
Barley, pearled barley90
Rice, bran30
Rice, hulls30
Rice, polished rice30
Sorghum, grain, bran90
Wheat, bran30
Start Printed Page 46375
Wheat, germ30
Wheat, middlings30
Wheat, shorts30
* * * * *
Start Amendment Part

24. Section 180.431 is amended by removing the entries for “Barley, milled fractions (except flour),” “Grass, forage and hay,” “Mint, hay,” and “Wheat, milled fractions (except flour),” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Clopyralid; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Barley, bran12
*   *   *    *   *
Barley, pearled barley12
*   *   *    *   *
Grass, forage500.0
Grass, hay500.0
*   *   *    *   *
Peppermint, tops3.0
*   *   *    *   *
Spearmint, tops3.0
*   *   *    *   *
Wheat, bran12
*   *   *    *   *
Wheat, germ12
*   *   *    *   *
Wheat, middling12
Wheat, shorts12
*   *   *    *   *
* * * * *
Start Amendment Part

25. Section 180.435 is amended by removing the entry for “Tomato, concentrated products” and adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Deltamethrin; tolerances for residues.

(a) General. (1) * * *

CommodityParts per million
*   *   *    *   *
Tomato, paste1.0
Tomato, puree1.0
*   *   *    *   *
* * * * *
Start Amendment Part

26. Section 180.436 is amended by removing the entry for “Tomato, pomace” and adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Cyfluthrin and the isomer beta-cyfluthrin; tolerances for residues.

(a) General. (1) * * *

CommodityParts per million
*   *   *    *   *
Tomato, dry pomace5.0
Tomato, wet pomace5.0
*   *   *    *   *
* * * * *
Start Amendment Part

27. Section 180.440 is amended by removing the entries for “Corn, field, fodder and forage, pop and sweet” and “Corn, field, grain and pop” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Tefluthrin; tolerances for residues.

(a) * * *

CommodityParts per million
Corn, field, forage0.06
Corn, field, grain0.06
Corn, field, stover0.06
Corn, pop, grain0.06
Corn, pop, stover0.06
Corn, sweet, forage0.06
*   *   *    *   *
Corn, sweet, stover0.06
*   *   *    *   *
* * * * *
Start Amendment Part

28. Section 180.442 is amended by removing the entries for “Corn, forage,” “Corn, grain (field, seed, and pop),” and “Corn, stover” and adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Bifenthrin; tolerances for residues.

(a) General. (1)  * * *

CommodityParts per million
*   *   *    *   *
Corn, field, forage3.0
Corn, field, grain0.05
Corn, field, stover5.0
Corn, pop, grain0.05
Corn, pop, stover5.0
Corn, sweet, forage3.0
*   *   *    *   *
Corn, sweet, stover5.0
*   *   *    *   *
* * * * *
Start Amendment Part

29. Section 180.443 is amended by removing the entry for “Grape pomace (wet and dry)” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Myclobutanil; tolerances for residues.

(a) * * *

CommodityParts per million
*   *    *   *   *   
Grape, dried pomace10.0
*   *   *    *   *
Grape, wet pomace10.0
*   *    *   *   *
* * * * *
Start Amendment Part

30. Section 180.446 is amended by removing the entry for “Apple, pomace” and adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Clofentezine; tolerances for residues.

(a) General. (1) * * *

CommodityParts per million
*   *    *   *   *   
Apple, dry pomace3.0
Apple, wet pomace3.0
*   *    *   *   *
* * * * *
Start Amendment Part

31. Section 180.452 is amended by removing the entries for “Corn, forage,” “Corn, grain,” and “Corn, stover” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Primisulfuron-methyl; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Corn, field, forage0.10
Corn, field, grain0.02
Corn, field, stover0.10
Corn, pop, grain0.02
Corn, pop, stover0.10
Corn, sweet, forage0.10
*   *   *    *   *
Corn, sweet, stover0.10
*   *   *    *   *
* * * * *
Start Amendment Part

32. Section 180.454 is amended by removing the entries for “Corn, grain” and “Corn, stover” and adding alphabetically the following entries to the table to read as follows:

End Amendment Part
Start Printed Page 46376
Nicosulfuron, [3-pyridinecarboxamide, 2-((((4,6-dimethoxypyrimidin-2-yl)aminocarbonyl)aminosulfonyl))-N,N-dimethyl]; tolerances for residues.
* * * * *
CommodityParts per million
*   *   *    *   *
Corn, field, grain0.1
Corn, field, stover0.1
*   *   *    *   *
Corn, pop, grain0.1
Corn, pop, stover0.1
*   *   *    *   *
* * * * *
Start Amendment Part

33. Section 180.462 is amended by removing the entries for “Corn, grain” and “Corn, stover” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Pyridate; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Corn, field, grain0.03
Corn, field, stover0.03
Corn, pop, grain0.03
Corn, pop, stover0.03
*   *   *    *   *
* * * * *
Start Amendment Part

34. Section 180.472 is amended by removing the entries for “Grape, pomace (wet or dried),” “Lettuce, head and leaf,” and “Tomato, pomace (wet or dried)” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Imidacloprid; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Grape, dried pomace5.0
*   *   *    *   *
Grape, wet pomace5.0
*   *   *    *   *
Lettuce, head3.5
Lettuce, leaf3.5
*   *   *    *   *
Tomato, dry pomace4.0
*   *   *    *   *
Tomato, wet pomace4.0
*   *   *    *   *
* * * * *
Start Amendment Part

35. Section 180.476 is amended by removing the entries for “Apple, pomace” and “Grape pomace” and adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Triflumizole; tolerances for residues.

(a) General. (1)  * * *

CommodityParts per million
*   *   *    *   *
Apple, dry pomace2.0
Apple, wet pomace2.0
*   *   *    *   *
Grape, dried pomace15.0
*   *   *    *   *
Grape, wet pomace15.0
*   *   *    *   *
* * * * *
Start Amendment Part

36. Section 180.482 is amended as follows:

End Amendment Part Start Amendment Part

a. By removing the entries for “Apple, pomace” and “Tree nut crop group including pistachio” from the table in paragraph (a)(1).

End Amendment Part Start Amendment Part

b. By removing the entries for “Fat of cattle, goat, hog, horse, and sheep,” “Meat byproducts of cattle, goat, hog, horse and sheep,” and “Meat of cattle, goat, hog, horse and sheep” from the table in paragraph (a)(2).

End Amendment Part Start Amendment Part

c. By adding alphabetically the following entries to the tables in paragraphs (a)(1) and (a)(2) to read as follows:

End Amendment Part
Tebufenozide; tolerances for residues.

(a) General. (1)  * * *

CommodityParts per million
*   *    *   *   *
Apple, dry pomace3.0
Apple, wet pomace3.0
*   *    *   *   *
Nut, tree, group 140.1
*   *    *   *   *
Pistachio0.1
*   *   *    *   *

(2) * * *

CommodityParts per million
Cattle, fat0.1
Cattle, meat0.08
Cattle, meat byproducts0.08
Goat, fat0.1
Goat, meat0.08
Goat, meat byproducts0.08
Hog, fat0.1
Hog, meat0.08
Hog, meat byproducts0.08
Horse, fat0.1
Horse, meat0.08
Horse, meat byproducts0.08
*   *   *    *   *
Sheep, fat0.1
Sheep, meat0.08
Sheep, meat byproducts0.08
* * * * *
Start Amendment Part

37. Section 180.495 is amended by removing the entry for “Apple pomace” and by adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Spinosad; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Apple, dry pomace0.5
Apple, wet pomace0.5
*   *   *    *   *
* * * * *
Start Amendment Part

38. Section 180.515 is amended by removing the entries for “Fat (cattle, goat, horse, and sheep),” “Meat, (cattle, goat, horse, and sheep),” and “Meat, byproducts, cattle, goat, horse, and sheep” and by adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Carfentrazone-ethyl; tolerances for residues.

(a) * * *

CommodityParts per million
*   *   *    *   *
Cattle, fat0.10
Cattle, meat0.10
Cattle, meat byproducts0.10
*   *   *    *   *
Goat, fat0.10
Goat, meat0.10
Goat, meat byproducts0.10
*   *   *    *   *
Horse, fat0.10
Horse, meat0.10
Horse, meat byproducts0.10
*   *   *    *   *
Sheep, fat0.10
Sheep, meat0.10
Sheep, meat byproducts0.10
Start Printed Page 46377
*   *   *    *   *
* * * * *
Start Amendment Part

39. Section 180.517 is amended by removing the entries for “Fat of cattle, goat, horse and sheep,” “Liver of cattle, goat, horse and sheep,” “Meat Byproducts, except liver of cattle, goat, horse, and sheep,” and “Meat of cattle, goat, horse and sheep” and adding alphabetically the following entries to the table in paragraph (a) to read as follows:

End Amendment Part
Fipronil; tolerances for residues.

(a) * * *

CommodityParts per million
Cattle, fat0.40
Cattle, liver0.10
Cattle, meat0.04
Cattle, meat byproducts, except liver0.04
*   *   *    *   *
Goat, fat0.40
Goat, liver0.10
Goat, meat0.04
Goat, meat byproducts, except liver0.04
*   *   *    *   *
Horse, fat0.40
Horse, liver0.10
Horse, meat0.04
Horse, meat byproducts, except liver0.04
*   *   *    *   *
Sheep, fat0.40
Sheep, liver0.10
Sheep, meat0.04
Sheep, meat byproducts, except liver0.04
* * * * *
Start Amendment Part

40. Section 180.554 is amended by removing the entry for “Apple pomace” and by adding alphabetically the following entries to the table in paragraph (a)(1) to read as follows:

End Amendment Part
Kresoxim-methyl; tolerances for residues.

(a) General. (1)  * * *

CommodityParts per million
Apple, dry pomace1.0
Apple, wet pomace1.0
*   *   *    *   *
* * * * *
Start Amendment Part

41. Section 180.615 is amended by removing the entry for “Wheat, milled byproducts” and adding alphabetically the following entries to the table in paragraph (d) to read as follows:

End Amendment Part
Amicarbazone; tolerances for residues.
* * * * *

(d) * * *

CommodityParts per million
*   *   *    *   *
Wheat, bran0.15
Wheat, flour0.15
*   *   *    *   *
Wheat, germ0.15
*   *   *    *   *
Wheat, middlings,0.15
Wheat, shorts0.15
*   *   *    *   *
End Supplemental Information

[FR Doc. E9-21416 Filed 9-8-09; 8:45 am]

BILLING CODE 6560-50-S