[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Rules and Regulations]
[Pages 54574-54579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18869]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0261; FRL-8147-6]


Methamidophos, Oxydemeton-methyl, Profenofos, and Trichlorfon; 
Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the insecticide 
oxydemeton-methyl. Also, EPA is modifying certain tolerances for the 
insecticides oxydemeton-methyl, profenofos, and trichlorfon. In 
addition, EPA is establishing new tolerances for the insecticides 
oxydemeton-methyl and profenofos. EPA is not taking action on 
tolerances for methamidophos at this time. The regulatory actions 
finalized in this document are follow-up to the Agency's reregistration 
program under the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), and tolerance reassessment program under the Federal Food, 
Drug, and Cosmetic Act (FFDCA) section 408(q).

[[Page 54575]]


DATES: This regulation is effective September 26, 2007. Objections and 
requests for hearings must be received on or before November 26, 2007, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0261. To access the 
electronic docket, go to http://www.regulations.gov, select ``Advanced 
Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov website to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in regulations.gov. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 
if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South 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: Joseph Nevola, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8037; e-mail 
address:[email protected].

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 manufacturing (NAICS code 311).
     Pesticide manufacturing (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 athttp://www.regulations.gov, you may access this ``Federal Register'' document 
electronically through the EPA Internet under the ``Federal Register'' 
listings athttp://www.epa.gov/fedrgstr. You may also access a 
frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of FFDCA, as amended by the Food, Quality, 
Protection Act (FQPA), any person may file an objection to any aspect 
of this regulation and may also request a hearing on those objections. 
The EPA procedural regulations which govern the submission of 
objections and requests for hearings appear in 40 CFR part 178. You 
must file your objection or request a hearing on this regulation in 
accordance with the instructions provided in 40 CFR part 178. To ensure 
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2007-0261 in the subject line on the first page of your submission. All 
requests must be in writing, and must be mailed or delivered to the 
Hearing Clerk on or before November 26, 2007.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2007-0261, 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'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

A. What Action is the Agency Taking?

    In the Federal Register of May 23, 2007 (72 FR 28912) (FRL-8130-8), 
EPA issued a proposal to revoke, remove, modify, and establish certain 
specific tolerances for residues of the insecticides methamidophos, 
oxydemeton-methyl, profenophos, and trichlorfon. Also, the proposal of 
May 23, 2007 (72 FR 28912) provided a 60-day comment period which 
invited public comment for consideration and for support of tolerance 
retention under FFDCA standards.
    In this final rule, EPA is revoking, removing, modifying, and 
establishing specific tolerances for residues of oxydemeton-methyl, 
profenofos, and trichlorfon in or on commodities listed in the 
regulatory text of this document.
    EPA is finalizing these tolerance actions in order to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of these processes, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of FFDCA. The safety finding determination of ``reasonable 
certainty of no harm'' is discussed in detail in each Reregistration 
Eligibility Decision (RED) and Report on FQPA Tolerance Reassessment 
Progress and Interim Risk Management Decision (TRED) for the active 
ingredient. REDs and TREDs recommend the implementation of certain 
tolerance actions, including modifications, to reflect current use 
patterns, to meet safety findings and change commodity names and 
groupings in accordance with new EPA policy. Printed copies of many 
REDs

[[Page 54576]]

and TREDs may be obtained from EPA's National Service Center for 
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH 
45242-2419, telephone number: 1-800-490-9198; fax number: 1-513-489-
8695; Internet athttp://www.epa.gov/ncepihom and from the National 
Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, 
VA 22161, telephone number: 1-800-553-6847 or (703) 605-6000; Internet 
at http://www.ntis.gov. Electronic copies of REDs and TREDs are 
available on the Internet athttp://www.regulations.gov andhttp://www.epa.gov/pesticides/reregistration/status.htm.
    In this final rule, EPA is revoking certain tolerances and/or 
tolerance exemptions because either they are no longer needed or are 
associated with food uses that are no longer registered under FIFRA in 
the United States. Those instances where registrations were canceled 
were because the registrant failed to pay the required maintenance fee 
and/or the registrant voluntarily requested cancellation of one or more 
registered uses of the pesticide active ingredient. The tolerances 
revoked by this final rule are no longer necessary to cover residues of 
the relevant pesticides in or on domestically treated commodities or 
commodities treated outside but imported into the United States. It is 
EPA's general practice to issue a final rule revoking those tolerances 
and tolerance exemptions for residues of pesticide active ingredients 
on crop uses for which there are no active registrations under FIFRA, 
unless any person who comments on the proposal indicates a need for the 
tolerance or tolerance exemption to cover residues in or on imported 
commodities or legally treated domestic commodities.
    Historically, EPA has been concerned that retention of tolerances 
that are not necessary to cover residues in or on legally treated foods 
may encourage misuse of pesticides within the United States.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of the following 
conditions applies:
    1. Prior to EPA's issuance of a FFDCA section 408(f) order 
requesting additional data or issuance of a FFDCA section 408(d) or (e) 
order revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer 
needed.
    3. The tolerance is not supported by data that demonstrate that the 
tolerance meets the requirements under FQPA.
    This final rule does not revoke those tolerances for which EPA 
received comments stating a need for the tolerance to be retained. In 
response to the proposal published in the Federal Register of May 23, 
2007 (72 FR 28912), EPA received comments only concerning methamidophos 
during the 60-day public comment period.
    1. Methamidophos. EPA will not take action on methamidophos 
tolerances in 40 CFR 180.315 or amend 40 CFR 180.3 on tolerances for 
related pesticide chemicals at this time based on the comments. The 
Agency will respond to comments about methamidophos that were received 
during the public comment period and address methamidophos actions in a 
future notice to be published in the Federal Register.
    The Agency did not receive any specific comments, during the 60-day 
comment period, on the following pesticide active ingredients: 
Oxydemeton-methyl, profenofos, and trichlorfon. Therefore, EPA is 
finalizing the amendments proposed concerning these active ingredients 
in the Federal Register of May 23, 2007 (72 FR 28912). For a detailed 
discussion of the Agency's rationale for the establishments, 
revocations, and modifications to the tolerances, refer to the proposed 
rule of May 23, 2007.
    In addition, the Agency is making the following revision in this 
final rule.
    2. Oxydemeton-methyl (ODM). EPA did not propose in a notice for 
comment to revise the tolerance nomenclature for ODM in 40 CFR 
180.330(a)(1) from filbert to hazelnut, as is current Agency practice. 
However, section 553(b)(3)(B) of the Administrative Procedure Act 
provides that notice and comment is not necessary ``when the agency for 
good cause finds (and incorporates the finding and a brief statement of 
reasons therefore in the rules issued) that notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' Consequently, for good cause, EPA is revising the tolerance 
terminology in 40 CFR 180.330(a)(1) from filbert to hazelnut. The 
reason for taking this action is because such action has no practical 
impact on the use of or exposure to the pesticide active ingredient, 
ODM, in or on that commodity and is made such that the tolerance 
terminology will conform to current Agency practice.

B. What is the Agency's Authority for Taking this Action?

    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). In this final rule, EPA is 
establishing, modifying, and revoking tolerances to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes, and as follow-up on canceled uses of 
pesticides. As part of these processes, EPA is required to determine 
whether each of the amended tolerances meets the safety standards under 
FFDCA. The safety finding determination is found in detail in each 
post-FQPA RED and TRED for the active ingredient. REDs and TREDs 
recommend the implementation of certain tolerance actions, including 
modifications to reflect current use patterns, to meet safety findings, 
and change commodity names and groupings in accordance with new EPA 
policy. Printed and electronic copies of the REDs and TREDs are 
available as provided in Unit II.A.
    EPA has issued post-FQPA REDs for methamidophos, oxydemeton-methyl, 
and profenofos, and a TRED for trichlorfon, whose RED was completed 
prior to FQPA. REDs and TREDs contain the Agency's evaluation of the 
database for these pesticides, including statements regarding 
additional data on the active ingredients that may be needed to confirm 
the potential human health and environmental risk assessments 
associated with current product uses, and REDs state conditions under 
which these uses and products will be eligible for reregistration. The 
REDs and TREDs recommended the establishment, modification, and/or 
revocation of specific tolerances. RED and TRED recommendations such as 
establishing or modifying tolerances, and in some cases revoking 
tolerances, are the result of assessment under the FFDCA standard of 
``reasonable certainty of no harm.'' However, tolerance revocations 
recommended in REDs and TREDs that are made final in this document do 
not need such assessment when the tolerances are no longer necessary.
    EPA's general practice is to revoke tolerances for residues of 
pesticide active ingredients on crops for which FIFRA registrations no 
longer exist and on which the pesticide may therefore no longer be used 
in the United States. EPA has historically been concerned that 
retention of tolerances that are not necessary to cover residues in or 
on legally treated foods may encourage misuse of pesticides within the 
United

[[Page 54577]]

States. Nonetheless, EPA will establish and maintain tolerances even 
when corresponding domestic uses are canceled if the tolerances, which 
EPA refers to as ``import tolerances,'' are necessary to allow 
importation into the United States of food containing such pesticide 
residues. However, where there are no imported commodities that require 
these import tolerances, the Agency believes it is appropriate to 
revoke tolerances for unregistered pesticides in order to prevent 
potential misuse.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, the Agency gives consideration to possible 
pesticide residues in meat, milk, poultry, and/or eggs produced by 
animals that are fed agricultural products (for example, grain or hay) 
containing pesticides residues (40 CFR 180.6). If there is no 
reasonable expectation of finite pesticide residues in or on meat, 
milk, poultry, or eggs, then tolerances do not need to be established 
for these commodities (40 CFR 180.6(b) and180.6(c)).

C. When Do These Actions Become Effective?

    These actions become effective on the date of publication of this 
final rule in the Federal Register. For this final rule, the tolerances 
that were revoked because registered uses did not exist concerned uses 
which have been canceled, in some cases, for many years. The Agency 
believes that existing stocks of pesticide products labeled for the 
uses associated with the revoked tolerances have been completely 
exhausted and that treated commodities have had sufficient time for 
passage through the channels of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by FQPA. Under 
this unit, any residues of these pesticides in or on such food shall 
not render the food adulterated so long as it is shown to the 
satisfaction of the Food and Drug Administration that:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates that the 
pesticide was applied to such food.

III. Are There Any International Trade Issues Raised by this Final 
Action?

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international Maximum Residue Limits (MRLs) established 
by the Codex Alimentarius Commission, as required by section 408(b)(4) 
of FFDCA. The Codex Alimentarius is a joint U.N. Food and Agriculture 
Organization/World Health Organization food standards program, and it 
is recognized as an international food safety standards-setting 
organization in trade agreements to which the United States is a party. 
EPA may establish a tolerance that is different from a Codex MRL; 
however, FFDCA section 408(b)(4) requires that EPA explain the reasons 
for departing from the Codex level in a notice published for public 
comment. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual REDs and TREDs, and in the 
Residue Chemistry document which supports the RED and TRED, as 
mentioned in the proposed rule cited in Unit II.A. Specific tolerance 
actions in this rule and how they compare to Codex MRLs (if any) are 
discussed in Unit II.A. of the proposal.

IV. Statutory and Executive Order Reviews

    In this final rule, EPA establishes tolerances under FFDCA section 
408(e), and also modifies and revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted these types of actions (i.e., establishment and modification 
of a tolerance and tolerance revocation for which extraordinary 
circumstances do not exist) from review 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 rule is not subject to 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations as required by Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994); or OMB review or any other Agency action under 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-13, section 12(d) (15 U.S.C. 272 
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
et seq.), the Agency previously assessed whether establishment of 
tolerances, exemptions from tolerances, raising of tolerance levels, 
expansion of exemptions, or revocations might significantly impact a 
substantial number of small entities and concluded that, as a general 
matter, these actions do not impose a significant economic impact on a 
substantial number of small entities. These analyses for tolerance 
establishments and modifications, and for tolerance revocations were 
published on May 4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR 
66020) (FRL-5753-1), respectively, and were provided to the Chief 
Counsel for Advocacy of the Small Business Administration. Taking into 
account this analysis, and available information concerning the 
pesticides listed in this rule, the Agency hereby certifies that this 
final rule will not have a significant economic impact on a substantial 
number of small entities. In a memorandum dated May 25, 2001, EPA 
determined that eight conditions must all be satisfied in order for an 
import tolerance or tolerance exemption revocation to adversely affect 
a significant number of small entity importers, and that there is a 
negligible joint probability of all eight conditions holding 
simultaneously with respect to any particular revocation. (This Agency 
document is available in the docket, as mentioned in Unit II.A.). 
Furthermore, for the pesticides named in this final rule, the Agency 
knows of no extraordinary circumstances that exist as to the present 
revocations that would change EPA's previous analysis. In addition, the 
Agency has determined that this action will not have a substantial 
direct effect on States, on the relationship between the national

[[Page 54578]]

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 final rule directly regulates growers, food 
processors, food handlers, and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of 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.

V. 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 to 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of this final rule in the Federal 
Register. This final rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: September 13, 2007.
Anne E. Lindsay,
Acting Director, 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. Section 180.198 is revised to read as follows:


Sec.  180.198  Trichlorfon; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide trichlorfon (dimethyl (2,2,2-trichloro-1-hydroxyethyl) 
phosphonate) in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat\1\.............................................          0.5
Cattle, meat\1\............................................          0.2
Cattle, meat byproducts\1\.................................          0.1
------------------------------------------------------------------------
\1\ There are no U.S. registrations for cattle commodities as of June
  24, 1999.

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]

0
3. Section 180.330 is revised to read as follows:


Sec.  180.330  S-(2-(Ethylsulfinyl)ethyl) O,O-dimethyl 
phosphorothioate; tolerances for residues.

    (a) General. (1) Tolerances are established for the combined 
residues of the insecticide oxydemeton-methyl (S-(2-
(ethylsulfinyl)ethyl) O,O-dimethyl phosphorothioate) and its metabolite 
oxydemeton-methyl sulfone in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................          5.0
Alfalfa, hay...............................................         11.0
Bean, lima.................................................          0.2
Beet, sugar, roots.........................................          0.3
Beet, sugar, tops..........................................          0.5
Broccoli...................................................          1.0
Brussels sprouts...........................................          1.0
Cabbage....................................................          2.0
Cauliflower................................................          1.0
Clover, forage.............................................          5.0
Clover, hay................................................         10.0
Corn, sweet, forage........................................          1.0
Corn, sweet, kernel plus cob with husks removed............          0.5
Corn, sweet, stover........................................          3.0
Cotton, undelinted seed....................................         0.02
Cucumber...................................................          1.0
Eggplant...................................................          1.0
Grapefruit.................................................          1.0
Hazelnut...................................................         0.05
Lemon......................................................          1.0
Lettuce, head..............................................          2.0
Melon......................................................          0.2
Onion, bulb................................................         0.05
Orange.....................................................          1.0
Pepper.....................................................         0.75
Peppermint, tops...........................................         12.5
Pumpkin....................................................          0.2
Safflower, seed............................................          1.0
Sorghum, forage, forage....................................          2.0
Sorghum, grain, forage.....................................          2.0
Sorghum, grain, grain......................................         0.75
Spearmint, tops............................................         12.5
Squash, summer.............................................          1.0
Squash, winter.............................................          0.3
Strawberry.................................................          2.0
Walnut.....................................................         0.05
------------------------------------------------------------------------

    (2) Tolerances are established for the combined residues of the 
insecticide oxydemeton-methyl (S-(2-(ethylsulfinyl)ethyl) O,O-dimethyl 
phosphorothioate) and its cholinesterase-inhibiting metabolites in or 
on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................         0.01
Cattle, meat...............................................         0.01
Cattle, meat byproducts....................................         0.01
Egg........................................................         0.01
Goat, fat..................................................         0.01
Goat, meat.................................................         0.01
Goat, meat byproducts......................................         0.01
Hog, fat...................................................         0.01
Hog, meat..................................................         0.01
Hog, meat byproducts.......................................         0.01
Horse, fat.................................................         0.01
Horse, meat................................................         0.01
Horse, meat byproducts.....................................         0.01
Milk.......................................................         0.01
Poultry, fat...............................................         0.01
Poultry, meat..............................................         0.01
Poultry, meat byproducts...................................         0.01
Sheep, fat.................................................         0.01
Sheep, meat................................................         0.01
Sheep, meat byproducts.....................................         0.01
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]

[[Page 54579]]

    (c) Tolerances with regional registrations. Tolerances with 
regional registrations, as defined in Sec.  180.1(m), are established 
for the combined residues of the insecticide oxydemeton-methyl (S-(2-
(ethylsulfinyl)-ethyl) O,O-dimethyl phosphorothioate) and its 
metabolite oxydemeton-methyl sulfone in or on the following food 
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Broccoli raab..............................................          2.0
------------------------------------------------------------------------

    (d) Indirect or inadvertent residues. [Reserved]

0
4. Section 180.404 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.404  Profenofos; tolerances for residues.

    (a) General. Tolerances are established for residues of the 
insecticide profenofos (O-(4-bromo-2-chlorophenyl)-O-ethyl-S-propyl 
phosphorothioate) in or on the following food commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................         0.05
Cattle, meat...............................................         0.05
Cattle, meat byproducts....................................         0.05
Cotton, gin byproducts.....................................         55.0
Cotton, undelinted seed....................................          2.0
Goat, fat..................................................         0.05
Goat, meat.................................................         0.05
Goat, meat byproducts......................................         0.05
Horse, fat.................................................         0.05
Horse, meat................................................         0.05
Horse, meat byproducts.....................................         0.05
Milk.......................................................         0.01
Sheep, fat.................................................         0.05
Sheep, meat................................................         0.05
Sheep, meat byproducts.....................................         0.05
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[FR Doc. E7-18869 Filed 9-25-07; 8:45 am]
BILLING CODE 6560-50-S