Exemptions from the Requirement of a Tolerance: Technical Amendments

Federal Register: June 3, 2009 (Volume 74, Number 105)

Rules and Regulations

Page 26527-26536

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03jn09-7

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180

EPA-HQ-OPP-2008-0923; FRL-8417-9

Exemptions from the Requirement of a Tolerance; Technical

Amendments

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.

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.

SUPPLEMENTARY INFORMATION:

  1. 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

    Page 26528

    identify 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.

  2. 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 Section

    In paragraph

    Remove the term

    Add in its place the term

    180.1011

    (b)

    beeswax and honey

    honey and honeycomb

    180.1019

    (b)

    meat

    cattle, meat; goat, meat; hog, meat; horse, meat; sheep, meat;

    180.1019

    (b)

    poultry

    poultry, fat; poultry, meat; poultry, meat, byproducts

    180.1019

    (b)

    eggs

    egg

    180.1020

    (a) Commodity

    Bean, dry, edible

    Bean, dry, seed list

    180.1020

    (a)

    Corn, fodder

    Corn, field, stover; Corn, pop, stover;

    180.1020

    (a)

    Corn, forage

    Corn, field, forage

    180.1020

    (a)

    Corn, grain

    Corn, field, grain; Corn, pop, grain

    180.1020

    (a)

    Cottonseed

    Cotton, undelinted, seed

    180.1020

    (a)

    Flaxseed

    Flax, seed

    180.1020

    (a)

    Guar beans

    Guar, seed

    180.1020

    (a)

    Peas, southern

    Cowpea, forage; Cowpea, hay;

    Cowpea, seed

    180.1020

    (a)

    Peppers, chili

    Pepper, chili

    180.1020

    (a)

    Potatoes

    Potato

    180.1020

    (a)

    Rice

    Rice, grain; Rice straw

    180.1020

    (a)

    Safflower, grain

    Safflower, seed

    180.1020

    (a)

    Sorghum, grain

    Sorghum, grain, grain

    180.1020

    (a)

    Sorghum, fodder

    Sorghum, grain, stover

    180.1020

    (a)

    Soybeans

    Grain, aspirated fractions;

    Soybean, forage; Soybean, hay;

    Soybean, seed

    180.1020

    (a)

    Sunflower seed

    Sunflower, seed

    Page 26529

    180.1020

    (b)

    Wheat

    Wheat, forage; Wheat, grain;

    Wheat, hay; Wheat, straw

    180.1021

    (a)

    Meat

    Cattle, meat; Goat, meat; Hog, meat; Horse, meat; sheep, meat

    180.1021

    (a)

    Poultry

    Poultry, fat; Poultry, meat;

    Poultry, meat byproducts

    180.1021

    (a)

    Eggs

    Egg

    180.1022

    eggs

    egg

    180.1022

    poultry

    poultry, fat; poultry, meat; poultry, meat byproducts

    180.1023

    (a)

    alfalfa

    alfalfa, forage; alfalfa, hay; alfalfa, seed

    180.1023

    (a)

    barley grain

    barley, grain

    180.1023

    (a)

    Bermuda grass

    Bermudagrass, forage;

    Bermudagrass, hay

    180.1023

    (a)

    bluegrass bluegrass, forage; bluegrass, hay

    180.1023

    (a)

    brome grass

    bromegrass, forage; bromegrass, hay

    180.1023

    (a)

    clover

    clover, forage; clover, hay

    180.1023

    (a)

    corn grain

    corn, field, grain; corn, pop, grain; corn, sweet, kernel plus cob with husks removed

    180.1023

    (a)

    cowpea hay

    cowpea, hay

    180.1023

    (a)

    fescue

    fescue, forage; fescue, hay

    180.1023

    (a)

    lespedeza lespedeza, forage; lespedeza, hay

    180.1023

    (a)

    lupines

    lupin

    180.1023

    (a)

    oat grain

    oat, grain

    180.1023

    (a)

    orchard grass

    orchardgrass, forage; orchardgrass, hay

    180.1023

    (a)

    peanut hay

    peanut, hay

    180.1023

    (a)

    peavine hay

    pea, field, hay

    180.1023

    (a)

    rye grass

    ryegrass, Italian, hay

    180.1023

    (a)

    sorghum grain

    sorghum, grain, grain

    180.1023

    (a)

    soybean hay

    soybean, hay

    180.1023

    (a)

    sudan grass

    sudangrass, forage; sudangrass, hay

    180.1023

    (a)

    timothy

    timothy, forage; timothy, hay

    180.1023

    (a)

    vetch

    vetch, forage; vetch, hay

    180.1023

    (a)

    wheat grain

    wheat, grain

    180.1023

    (b)

    meat and meat byproducts of

    cattle, meat; cattle, meat cattle, sheep, hogs, goats, horses byproducts; goat, meat; goat, meat byproducts; hog, meat; hog, meat byproducts; horse, meat; horse, meat byproducts; sheep, meat; sheep, meat byproducts

    180.1023

    (b)

    poultry

    poultry, fat; poultry, meat; poultry, meat byproducts

    Page 26530

    180.1023

    (b)

    eggs

    egg

    180.1027

    (c) including corn, cottonseed, beans,

    Removed lettuce, okra, peppers, sorghum, soybeans, and tomatoes.

    180.1035

    honey and beeswax

    honey and honeycomb

    180.1037

    (a)

    cottonseed

    cotton, undelinted, seed

    180.1037

    (b)

    artichokes

    artichoke

    180.1043

    cottonseed

    cotton, undelinted, seed

    180.1054

    (b)

    grapes

    grape

    180.1057

    citrus fruit

    fruit, citrus

    180.1058

    alfalfa hay

    alfalfa, hay

    180.1058

    Bermuda grass hay

    Bermudagrass, hay

    180.1058

    blue grass hay

    bluegrass, hay

    180.1058

    brome grass hay

    bromegrass, hay

    180.1058

    clover hay

    clover, hay

    180.1058

    corn grain

    corn, field, grain; corn, pop, grain

    180.1058

    oat grain

    oat, grain

    180.1058

    orchard grass hay

    orchardgrass, hay

    180.1058

    sorghum grain

    sorghum, grain, grain

    180.1058

    sudan grass hay

    sudangrass, hay

    180.1058

    rye grass hay

    ryegrass, Italian, hay

    180.1058

    timothy hay

    timothy, hay

    180.1070

    crop group Brassica (cole) leafy Vegetable, brassica, leafy, group vegetables

    5

    180.1070

    radishes

    radish, roots; radish, tops

    180.1073

    peaches

    peach

    180.1073

    quinces

    quince

    180.1073

    nectarines

    nectarine

    180.1073

    macadamina nuts

    nut, macadamia

    180.1075

    Rice grain

    Rice, grain

    180.1075

    Soybeans

    Soybean, seed; Soybean, forage;

    Soybean, hay; Grain, aspirated fractions

    180.1076

    (b)

    pasture and rangeland forage

    grass, pasture, forage; grass, rangeland, forage

    180.1083

    (a) and (b)

    Peas

    Pea, dry, seed; Pea, succulent

    180.1087

    almond

    almond; almond, hulls

    180.1087

    cotton cotton, undelinted seed; cotton, gin byproducts

    180.1087

    soybeans

    soybean, seed; soybean, forage; soybean, hay; grain, aspirated fractions

    Page 26531

    180.1087

    potatoes

    potato

    180.1087

    sugarbeets beet, sugar, roots; beet, sugar, tops

    180.1087

    tomatoes

    tomato

    180.1087

    bell peppers

    pepper, bell

    180.1087

    strawberries

    strawberry

    180.1087

    eggplants

    eggplant

    180.1087

    cucumbers

    cucumber

    180.1087

    carrots

    carrot, roots

    180.1087

    radish

    radish, roots; radish, tops

    180.1087

    turnips

    turnip, roots; turnip, tops

    180.1087

    onions

    onion

    180.1087

    peas

    pea, dry, seed; pea, succulent

    180.1087

    melons

    melon

    180.1087

    grapes

    grape

    180.1087

    walnuts

    walnut

    180.1092

    beeswax and honey

    honey and honeycomb

    180.1097

    grapes

    grape

    180.1103

    RACs

    raw agicultural commodities

    180.1113

    grasses, forage and hay

    grass, forage; grass, hay

    180.1113

    rice, grain and straw

    rice, grain; rice, straw

    180.1113

    soybeans

    Grain, aspirated fractions; soybean, seed

    180.1113

    soybean, forage and hay

    soybean, forage; soybean, hay

    180.1113

    wild rice

    rice, wild grain

    180.1178

    honey and beeswax

    honey and honeycomb

    180.1196

    (a) raw agricultural commodities, in

    all food commodities processed commodities

    180.1196

    (b)

    all raw and processed food

    all food commodities commodities

    180.1206

    (a)

    cotton and its food/feed

    cotton, gin byproducts; cotton, commodities

    hulls; cotton, meal; cotton, refined oil; cotton, undelinted seed

    180.1206

    (c)

    on corn

    in 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

    180.1219

    corn, sweet (K+CWHR) corn, sweet, kernel plus cob with husks removed

    180.1254

    on peanut and its food/feed

    In or on peanut; peanut hay; commodities peanut, meal; peanut, refined oil

    180.1258

    alfalfa

    Alfalfa, seed; alfalfa, hay

    Page 26532

    180.1258

    barley grain

    barley, grain

    180.1258

    Bermuda grass;

    bermudagrass, hay

    180.1258

    bluegrass

    bluegrass, hay

    180.1258

    brome grass

    bromegrass, hay

    180.1258

    clover

    clover, hay

    180.1258

    corn grain

    corn, field, grain; corn, pop, grain

    180.1258

    cowpea hay

    cowpea, hay

    180.1258

    fescue hay

    fescue, hay

    180.1258

    lespedeza

    lespedeza, hay

    180.1258

    lupines

    lupin

    180.1258

    oat grain

    oat, grain

    180.1258

    orchard grass

    orchardgrass, hay

    180.1258

    peanut grass

    peanut, hay

    180.1258

    Timothy

    timothy, hay

    180.1258

    vetch

    vetch, hay

    180.1258

    wheat grain

    wheat, grain

    180.1261

    tomatoes and peppers

    pepper and tomato

    180.1274

    wheat and barley

    grain, aspirated fractions; barley, grain: barley, hay; barley, straw; wheat, grain; wheat, forage; wheat, hay; wheat, straw

    180.1276

    grass and grass hay

    grass, forage; grass, hay

    180.1279

    cucurbits

    cucurbit

  3. 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

    Page 26533

    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.

  4. 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).

    List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,

    Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: May 21, 2009.

    W. Michael McDavit,

    Acting Director, Biopesticides and Pollution Prevention Division,

    Office of Pesticide Programs. 0

    Therefore, 40 CFR chapter I is amended as follows:

    PART 180--[AMENDED] 0 1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371. 0 2. In Sec. 180.1011, by revising paragraph (b) to read as follows:

    Sec. 180.1011 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.

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

    Sec. 180.1019 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).

    * * * * * 0

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

    Sec. 180.1020 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) * * *

    Commodity

    Parts per million

    Expiration/revocation date

    Wheat, forage

    NA

    12/31/06

    Wheat, grain

    NA

    12/31/06

    Wheat, hay

    NA

    12/31/06

    Wheat, straw

    NA

    12/31/06

    Page 26534

    0 5. In Sec. 180.1021, by revising paragraph (a) introductory text to read as follows:

    Sec. 180.1021 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:

    * * * * * 0 6. Section 180.1022 is revised to read as follows:

    Sec. 180.1022 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) [alpha]-(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.

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

    Sec. 180.1023 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.

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

    Sec. 180.1027 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. 0 9. Section 180.1035 is revised to read as follows:

    Sec. 180.1035 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. 0 10. Section 180.1037 is revised to read as follows:

    Sec. 180.1037 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. 0 11. Section 180.1043 is revised to read as follows:

    Sec. 180.1043 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. 0 12. In Sec. 180.1054, by revising paragraph (b) to read as follows:

    Sec. 180.1054 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. 0 13. Section 180.1057 is revised to read as follows:

    Sec. 180.1057 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. 0 14. Section 180.1058 is revised to read as follows:

    Sec. 180.1058 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. 0 15. Section 180.1070 is revised to read as follows:

    Sec. 180.1070 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. 0 16. Section 180.1073 is revised to read as follows:

    Sec. 180.1073 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. 0 17. In Sec. 180.1075, by revising the Commodity list to read as follows:

    Page 26535

    Sec. 180.1075 Colletotrichum gloeosporioides f. sp. aeschynomene; exemption from the requirement of a tolerance.

    * * * * *

    Commodity

    Aspirated grain fractions

    Rice, grain

    Soybean, forage

    Soybean, hay

    Soybean, seed 0 18. In Sec. 180.1076, by revising paragraph (b) to read as follows:

    Sec. 180.1076 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. 0 19. In Sec. 180.1083, by revising paragraphs (a) and (b) to read as follows:

    Sec. 180.1083 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 0 20. Section 180.1087 is revised to read as follows:

    Sec. 180.1087 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. 0 21. Section 180.1092 is revised to read as follows:

    Sec. 180.1092 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. 0 22. Section 180.1097 is revised to read as follows:

    Sec. 180.1097 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. 0 23. Section 180.1103 is revised to read as follows:

    Sec. 180.1103 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. 0 24. Section 180.1113 is revised to read as follows:

    Sec. 180.1113 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. 0 25. Section 180.1178 is revised to read as follows:

    Sec. 180.1178 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. 0 26. Section 180.1196 is revised to read as follows:

    Sec. 180.1196 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. 0 27. In Sec. 180.1206, by revising paragraphs (a) and (c) to read as follows:

    Sec. 180.1206 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. 0 28. Section 180.1219 is revised to read as follows:

    Sec. 180.1219 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. 0 29. Section 180.1254 is revised to read as follows:

    Page 26536

    Sec. 180.1254 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. 0 30. Section 180.1258 is revised to read as follows:

    Sec. 180.1258 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. 0 31. Section 180.1261 is revised to read as follows:

    Sec. 180.1261 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. 0 32. In Sec. 180.1274, by revising the introductory text to read as follows:

    Sec. 180.1274 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: 0 33. Section 180.1276 is revised to read as follows:

    Sec. 180.1276 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. 0 34. Section 180.1279 is revised to read as follows:

    Sec. 180.1279 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.

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

    BILLING CODE 6560-50-S

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