[Federal Register Volume 69, Number 149 (Wednesday, August 4, 2004)]
[Proposed Rules]
[Pages 47051-47068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17508]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2004-0154; FRL-7368-7]


Bromoxynil, Diclofop-methyl, Dicofol, Diquat, Etridiazole, et 
al.; Proposed Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY:  EPA is proposing to revoke certain tolerances for the 
herbicides bromoxynil, diclofop-methyl, and paraquat; the fungicides 
etridiazole (terrazole) and iprodione; the miticides dicofol and 
propargite; and the plant growth regulator and herbicide diquat. Also, 
EPA is proposing to remove duplicate tolerances for the herbicides 
bromoxynil and picloram; the fumigant phosphine; the fungicide 
iprodione; the miticides dicofol and propargite; and the insecticides 
fenbutatin-oxide and hydramethylnon. In addition, EPA is proposing to 
modify certain tolerances for the insecticide hydramethylnon; the 
herbicides bromoxynil, paraquat, and triclopyr; the fungicides 
etridiazole, folpet, iprodione, and triphenyltin hydroxide (TPTH); the 
miticides dicofol and propargite; and the plant growth regulator and 
herbicide diquat. Moreover, EPA is proposing to establish new 
tolerances for the herbicides bromoxynil, paraquat, and picloram; the 
fungicides etridiazole, folpet, and TPTH; the miticides dicofol and 
propargite; the insecticide fenbutatin-oxide; and the plant growth 
regulator and herbicide diquat. The regulatory actions proposed in this 
document are part of the Agency's reregistration program under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the 
tolerance reassessment requirements of the Federal Food, Drug, and 
Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality 
Protection Act (FQPA) of 1996. By law, EPA is required by August 2006 
to reassess the tolerances in existence on August 2, 1996. No tolerance 
reassessments will be counted at the time of a final rule because 
tolerances in existence at FQPA that are associated with actions 
proposed herein were previously counted as reassessed at the time of 
the completed Registration Eligibility Decision (RED), Report on FQPA 
Tolerance Reassessment Progress and Interim Risk Management Decision 
(TRED), or Federal Register action.

DATES: Comments must be received on or before October 4, 2004.

ADDRESSES: Submit your comments, identified by docket ID number OPP-
2004-0154, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov/. 
Follow the on-line instructions for submitting comments.
     Agency Website: http://www.epa.gov/edocket/. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow

[[Page 47052]]

the on-line instructions for submitting comments.
     E-mail: Comments may be sent by e-mail to [email protected], Attention: Docket ID Number OPP-2004-0154.
     Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID Number OPP-2004-0154.
     Hand Delivery: Public Information and Records Integrity 
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 South Bell 
St., Arlington, VA, Attention: Docket ID Number OPP-2004-0154. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to docket ID number OPP-2004-
0154. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.epa.gov/edocket/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through EDOCKET, 
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov 
websites are ``anonymous access'' systems, which means EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send an e-mail comment directly to EPA 
without going through EDOCKET or regulations.gov, your e-mail address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET on-line or see the Federal Register of May 31, 
2002 (67 FR 38102) (FRL-7181-7).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket/. Although listed in the index, some 
information is not publicly available, i.e., 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 electronically in EDOCKET or in hard 
copy at the Public Information and Records Integrity Branch (PIRIB), 
Rm. 119, Crystal Mall 2, 1801 South Bell St., Arlington, VA. 
This Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Joseph Nevola, Special Review and 
Reregistration Division (7508C), 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 111)
     Animal production (NAICS 112)
     Food manufacturing (NAICS 311)
     Pesticide manufacturing (NAICS 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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Unit IIA. 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 and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

C. What Should I Consider as I Prepare My Comments for EPA?

    Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

[[Page 47053]]

D. What Can I do if I Wish the Agency to Maintain a Tolerance That the 
Agency Proposes to Revoke?

    This proposed rule provides a comment period of 60 days for any 
person to state an interest in retaining a tolerance proposed for 
revocation. If EPA receives a comment within the 60-day period to that 
effect, EPA will not proceed to revoke the tolerance immediately. 
However, EPA will take steps to ensure the submission of any needed 
supporting data and will issue an order in the Federal Register under 
FFDCA section 408(f) if needed. The order would specify data needed and 
the time frames for its submission, and would require that within 90 
days some person or persons notify EPA that they will submit the data. 
If the data are not submitted as required in the order, EPA will take 
appropriate action under FFDCA.
    EPA issues a final rule after considering comments that are 
submitted in response to this proposed rule. In addition to submitting 
comments in response to this proposal, you may also submit an objection 
at the time of the final rule. If you fail to file an objection to the 
final rule within the time period specified, you will have waived the 
right to raise any issues resolved in the final rule. After the 
specified time, issues resolved in the final rule cannot be raised 
again in any subsequent proceedings.

II. Background

A. What Action is the Agency Taking?

    EPA is proposing to revoke, remove, modify, and establish specific 
tolerances for residues of the insecticides fenbutatin-oxide and 
hydramethylnon, the herbicides bromoxynil, diclofop-methyl, paraquat, 
picloram, and triclopyr; the fumigant phosphine; the fungicides 
etridiazole, folpet, iprodione, and triphenyltin hydroxide (TPTH); the 
miticides dicofol and propargite, and the plant growth regulator and 
herbicide diquat in or on commodities listed in the regulatory text.
    EPA is proposing these tolerance actions 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 the reregistration and tolerance 
reassessment processes, EPA is required to determine whether each of 
the amended tolerances meets the safety standards under the FQPA. The 
safety finding determination of ``reasonable certainty of no harm'' is 
found in detail in each RED and Report on FQPA Tolerance Reassessment 
Progress and Interim Risk Management Decision (TRED) for the active 
ingredient. REDs and TREDs propose certain tolerance actions to be 
implemented to reflect current use patterns, to meet safety findings 
and change commodity names and groupings in accordance with new EPA 
policy. Printed copies of the REDs 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 1-800-490-9198; 
fax 1-513-489-8695; internet at http://www.epa.gov/ncepihom/ and from 
the National Technical Information Service (NTIS), 5285 Port Royal 
Road, Springfield, VA 22161, telephone 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 at http://www.epa.gov/pesticides/reregistration/status.htm.
    Explanations for proposed modifications in tolerances can be found 
in the RED and TRED document and in more detail in the Residue 
Chemistry Chapter document which supports the RED and TRED. Copies of 
the Residue Chemistry Chapter documents are found in the Administrative 
Record and hard copies are available in the public docket for this 
rule, while electronic copies are available through EPA's electronic 
public docket and comment system, EPA Dockets at http://www.epa.gov/edocket/. You may search for docket number OPP-2004-0154 then click on 
that docket number to view its contents.
    EPA has determined that the aggregate acute exposure and risk and 
the aggregate chronic exposure and risk are not of concern for the 
above mentioned pesticide active ingredients based upon the target data 
base required for reregistration, the current guidelines for conducting 
acceptable studies to generate such data, published scientific 
literature, and the data identified in the RED or TRED which lists the 
submitted studies that the Agency found acceptable.
    With respect to the tolerances that are proposed in this document 
to be raised, EPA has found that these tolerances are safe in 
accordance with FFDCA section 408(b)(2)(A), and that there is a 
reasonable certainty that no harm will result to infants and children 
from aggregate exposure to the pesticide chemical residues, in 
accordance with section 408(b)(2)(C). These findings are found in 
detail in each RED. The references are available for inspection as 
described in this document under SUPPLEMENTARY INFORMATION.
    In addition, EPA is proposing to revoke certain tolerances because 
these pesticides are not registered under FIFRA for uses on the 
commodities. The registrations for these pesticide chemicals were 
canceled because the registrant failed to pay the required maintenance 
fee and/or the registrant voluntarily canceled one or more registered 
uses of the pesticide. It is EPA's general practice to propose 
revocation of those tolerances for residues of pesticide active 
ingredients on crop uses for which there are no active registrations 
under FIFRA, unless any person in comments on the proposal indicates a 
need for the tolerance to cover residues in or on imported commodities 
or domestic commodities legally treated.
    1. Bromoxynil. Because flax straw is no longer a regulated feed 
item, the tolerance for bromoxynil residue is no longer needed. 
Therefore, EPA is proposing to revoke the tolerance in 40 CFR 
180.324(a)(1) for ``flax, straw.'' Also, EPA is proposing to remove the 
commodity tolerances in 40 CFR 180.324(a)(1) for residues of bromoxynil 
in or on ``corn, stover'' which was previously termed corn, fodder 
(dry) in the RED; ``corn, fodder (green);'' and ``corn, grain'' because 
these tolerances are no longer needed since their uses are covered by 
the existing tolerances for corn, field, stover and corn, grain, field. 
In addition, EPA is proposing to remove the duplicate tolerance for 
``corn, field, stover'' because that use is covered by the remaining 
tolerance for corn, field, stover. Further, based on field trial data 
that indicate residues of bromoxynil as high as 0.14 ppm in or on corn 
stover, the Agency determined that the tolerance for corn, field, 
stover should be increased to 0.2 ppm and a tolerance should be 
established for corn, pop, stover at 0.2 ppm. Therefore, EPA is also 
proposing in 40 CFR 180.324(a)(1) to increase the tolerance for ``corn, 
field, stover'' from 0.1 to 0.2 ppm and establish a tolerance for 
residues of bromoxynil in or on ``corn, pop, stover'' at 0.2 ppm.
    Because the time-limited tolerances in 40 CFR 180.324(b) for 
timothy, hay and timothy, forage have expiration/revocation dates that 
have since passed, EPA is proposing to remove the existing paragraph 
and table, and reserve the section.
    Based on field trial data that indicate residues of bromoxynil in 
or on alfalfa hay as high as 0.38 ppm, the Agency determined that the 
tolerance for alfalfa hay should be increased to 0.5 ppm. Therefore, 
EPA is proposing to revise the commodity tolerance ``alfalfa, 
seedling''in 40 CFR 180.324(a)(1) at 0.1

[[Page 47054]]

parts per million (ppm) to ``alfalfa, forage,'' and ``alfalfa, hay'' 
and maintain the tolerance for alfalfa, forage at 0.1 ppm, while 
increasing the tolerance for alfalfa, hay to 0.5 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on grass forage and hay as high as 2.9 and 2.4 ppm, respectively, 
the Agency determined that the tolerances for grass forage and hay 
should be increased to 3.0 ppm. Therefore, EPA is proposing to revise 
the commodity terminologies ``canarygrass, annual, seed'' and ``grass, 
canary, annual, straw'' in 40 CFR 180.324(a)(1) to ``grass, forage'' 
and ``grass, hay,'' respectively, and increase the tolerance for each 
from 0.1 ppm to 3.0 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on barley straw as high as 3.9 ppm, and translating barley data to 
oat straw, the Agency determined that the tolerances for barley straw 
and oat straw should be increased to 4.0 ppm. Therefore, EPA is 
proposing to increase the tolerances in 40 CFR 180.324(a)(1) for 
residues of bromoxynil in or on ``barley, straw'' from 0.1 to 4.0 ppm, 
and ``oat, straw'' from 0.1 to 4.0 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on wheat forage and straw as high as 0.6 and 1.2 ppm, respectively, 
and translating wheat data to rye, the Agency determined that the 
tolerances for both rye and wheat forage should be increased to 1.0 
ppm, and both rye and wheat straw should be increased to 2.0 ppm. 
Therefore, EPA is proposing to increase the tolerances in 40 CFR 
180.324(a)(1) for residues of bromoxynil in or on ``rye, forage'' from 
0.1 to 1.0 ppm; ``rye, straw'' from 0.1 to 2.0 ppm; ``wheat, forage'' 
from 0.1 to 1.0 ppm; and ``wheat, straw'' from 0.1 to 2.0 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on barley forage, and translating barley data to oat, the Agency 
determined that the tolerance for oat forage should be increased to 0.3 
ppm. Therefore, EPA is proposing to increase the tolerance in 40 CFR 
180.324(a)(1) for residues of bromoxynil in or on ``oat, forage'' from 
0.1 to 0.3 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on sorghum forage and stover as high as 0.29 and 0.14 ppm, 
respectively, the Agency determined that the tolerances for sorghum 
forage and stover should be increased to 0.5 and 0.2 ppm, respectively. 
Therefore, EPA is proposing to increase the tolerance in 40 CFR 
180.324(a)(1) for residues of bromoxynil in or on``sorghum, forage'' 
from 0.1 to 0.5 ppm and revise the commodity terminology to ``sorghum, 
grain, forage;''and ``sorghum, grain, stover'' from 0.1 to 0.2 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on grain of barley, corn, sorghum, and wheat at <0.02 ppm and 
translating barley data to oat grain and rye grain, the Agency 
determined that the grain tolerances for barley, field corn; oat; rye; 
sorghum; and wheat should be decreased to 0.05 ppm and a tolerance 
should be established for corn, pop, grain at 0.05 ppm. Therefore, EPA 
is proposing to decrease the tolerances in 40 CFR 180.324(a)(1) from 
0.1 to 0.05 ppm, for the following: ``barley, grain;'' ``oat, grain;'' 
``rye, grain;'' ``sorghum, grain;'' ``wheat, grain;'' ``corn, grain, 
field'' and to revise the commodity terminology for ``corn, grain, 
field'' to read ``corn, field, grain.'' Also in 40 CFR 180.324(a)(1), 
EPA is proposing to establish a tolerance for residues of bromoxynil in 
or on ``corn, pop, grain'' at 0.05 ppm.
    Because residues of bromoxynil are detectable in aspirated grain 
fractions of wheat (highest), corn, and sorghum, the Agency determined 
that a tolerance should be established at 0.3 ppm. Therefore, EPA is 
proposing to establish a tolerance in 40 CFR 180.324(a)(1) for residues 
of bromoxynil in or on ``grain, aspirated fractions'' at 0.3 ppm.
    Based on residue data for hay of wheat and barley that indicate 
residues of bromoxynil as high as 3.2 ppm for wheat, but not exceeding 
9.0 ppm for barley, and translating barley data to oat hay, the Agency 
determined that tolerances should be established for wheat hay at 4.0 
ppm, barley hay at 9.0 ppm, and oat, hay at 9.0 ppm. Therefore, EPA is 
proposing to establish tolerances in 40 CFR 180.324(a)(1) for residues 
of bromoxynil in or on ``barley, hay'' at 9.0 ppm, ``oat, hay'' at 9.0 
ppm, and ``wheat, hay'' at 4.0 ppm.
    The 1998 Bromoxynil RED recommended that the commodity terminology 
for corn, forage, field (green) be revised to read corn, field, forage 
and the tolerance be increased from 0.1 to 0.3 ppm based on residue 
data for corn forage. However, at that time, no tolerance for corn, 
forage, field (green) existed in 40 CFR 180.324(a)(1). Therefore, EPA 
is proposing to establish a tolerance in 40 CFR 180.324(a)(1) for 
``corn, field, forage'' at 0.3 ppm.
    In addition, EPA is proposing to revise commodity terminology in 40 
CFR 180.324 to conform to current Agency practice as follows: ``mint 
hay'' to ``peppermint, hay'' and ``spearmint, hay.''
    2. Diclofop-methyl. As noted in the September 2000 RED, uses of 
diclofop-methyl on lentils and dry peas have been deleted from 
registered labels. The use on lentils may have been canceled since 
1985. On October 26, 1998 (63 FR 57067)(FRL-6035-6), EPA responded in a 
final rule to a comment from the European Union (EU) which requested 
that the tolerances for lentils (now termed lentil, seed) and pea seeds 
(dry) not be revoked because at that time they believed that EPA had 
not clarified in general what data are necessary to support tolerances 
for import purposes. At that time, EPA did not revoke these tolerances. 
However, since then, EPA has published a guidance concerning 
submissions for pesticide import tolerance support and residue data for 
imported food as described in Unit III. Now that data requirements for 
import tolerances have been clearly stated and the EU's request for 
information has been satisfied, EPA is proposing to revoke the 
tolerances in 40 CFR 180.385 for lentil, seed and pea seeds (dry). This 
proposed rule will again give interested persons the opportunity to 
come forward to support the maintenance of tolerances which are 
proposed herein for revocation and submit any data so that EPA can make 
safety findings under FFDCA.
    Also, in support of tolerance reassessment, the registrant 
developed a new enforcement method (HRAV-14 GLC/ECD) and subjected a 
ruminant metabolism study to independent laboratory validation. 
However, EPA has not yet determined that the newly submitted method is 
valid. The current FDA enforcement method for diclofop-methyl is the 
Pesticide Analytical Manual (PAM)-Volume II, which does not detect a 
metabolite of concern, diclofop acid. Therefore, at this time, EPA will 
not propose to establish any new tolerances that are recommended in the 
diclofop-methyl RED. The Agency will address establishing such 
tolerances in a future document in the Federal Register.
    3. Dicofol. EPA is proposing to redesignate the dicofol tolerance 
expression for plant commodities in 40 CFR 180.163(a) to (a)(1), 
separately from the animal tolerances, and to revise the expression in 
terms of the combined residues of 1,1-bis(4-chlorophenyl) -2,2,2-
trichloroethanol and 1-(2-chlorophenyl) -1-(4-chlorophenyl)-2,2,2-
trichloroethanol. Because dicofol metabolites are the residues of 
concern for animals, EPA is proposing to redesignate animal tolerances 
separately from plant tolerances, from 40 CFR 180.163(a) to (a)(2) and 
for tolerances to be expressed in terms of the combined residues of 
1,1-bis(4-chlorophenyl)-2,2,2- trichloroethanol and its metabolites, 1-
(2-chlorophenyl)-1-(4-

[[Page 47055]]

chlorophenyl) -2,2,2-trichloroethanol, 1,1-bis(4-chlorophenyl)-2,2- 
dichloroethanol, and 1-2(-chlorophenyl)-1- (4-chlorophenyl)-2,2-
dichloroethanol.
    EPA is proposing to revoke the commodity tolerances in 40 CFR 
180.163(a)(1) for residues of dicofol in or on ``fig'' because the 
registration for that use was canceled in October 1989 due to non-
payment of annual registration maintenance fees. Also, EPA is proposing 
to remove ``hazelnuts'' because this tolerance is covered by the 
tolerance on filbert, and to remove ``hay, spearmint'' because this 
tolerance is covered by the tolerance on spearmint, hay.
    Based on field trial data show that residues of dicofol were as 
high as 6.7 ppm in apples and in one duplicate sample 10.8 ppm in pears 
(6.8 ppm in pears for the other duplicate sample), the Agency 
determined that a crop group tolerance of 10.0 ppm is appropriate. 
Therefore, EPA is proposing to combine the commodity tolerances for 
``apple,'' ``crabapple,'' ``pear,'' and ``quince,'' each at 5 ppm in 40 
CFR 180.163(a)(1) under the crop group terminology ``fruit, pome, group 
11'' and increase the tolerance to 10.0 ppm.
    Based on field trial data show that residues of dicofol were as 
high as 0.84 ppm in plums, 3.08 ppm in cherries, and 3.79 ppm in 
peaches, the Agency determined that a crop group tolerance of 5.0 ppm 
is appropriate. Therefore, EPA is proposing to combine the commodity 
tolerances for ``apricot'' at 10 ppm; ``cherry'' at 5 ppm, 
``nectarine'' at 10 ppm, ``peach'' at 10 ppm, and ``plum, prune, 
fresh'' at 5 ppm, in 40 CFR 180.163(a)(1) under the crop group 
terminology ``fruit, stone, group 12'' and decrease the tolerance to 
5.0 ppm.
    EPA is proposing to combine the commodity tolerances for 
``blackberry,'' ``boysenberry,'' ``dewberry,'' ``loganberry,'' and 
``raspberry,''each at 5 ppm in 40 CFR 180.163(a)(1) under the crop 
subgroup terminology ``caneberry subgroup 13A'' and maintain the 
tolerance at 5 ppm, based on new field trials.
    Based on field trial data show that residues of dicofol were as 
high as 0.35 ppm in melons, 0.45 ppm in cucumbers, and 1.05 ppm in 
summer squash, the Agency determined that a crop group tolerance of 2.0 
ppm is appropriate. Therefore, EPA is proposing to combine the 
commodity tolerances for ``cantaloups,'' ``cucumber,'' ``melon,'' 
``muskmelon,'' ``pumpkin,'' ``squash, summer;'' ``squash, winter;'' and 
``watermelon,'' each at 5 ppm in 40 CFR 180.163(a)(1) under the crop 
group terminology ``vegetable, cucurbit, group 9'' and decrease the 
tolerance to 2.0 ppm.
    Based on field trial data show that residues of dicofol were as 
high as 1.34 ppm in lemon, 3.55 ppm in oranges, and 5.26 ppm in 
grapefruit, the Agency determined that a crop group tolerance of 6.0 
ppm is appropriate. Therefore, EPA is proposing to combine the 
commodity tolerances for ``grapefruit,'' ``kumquat,'' ``lemon,'' 
``lime,'' ``orange, sweet'' and ``tangerine'' in 40 CFR 180.163(a)(1), 
each at 10 ppm, under the commodity terminology ``fruit, citrus, group 
10'' and decrease the tolerance to 6.0 ppm.
    Based on field trial data show that residues of dicofol were as 
high as 0.46 ppm in tomatoes and 1.15 ppm in peppers, the Agency 
determined that a crop group tolerance of 2.0 ppm is appropriate. 
Therefore, EPA is proposing to combine the commodity tolerances for 
``eggplant,'' ``pepper,'' ``pimento,'' and ``tomato'' in 40 CFR 
180.163(a)(1), each at 5 ppm, under the crop group terminology 
``vegetable, fruiting, group 8'' and decrease the tolerance to 2.0 ppm, 
based on new field trials.
    Based on field trial data that indicate residues of dicofol as high 
as 0.46 ppm in dry beans and 2.09 ppm in succulent beans, the Agency 
has determined that the appropriate tolerances are 0.5 ppm for dry 
beans and 3.0 ppm for succulent beans. Therefore, EPA is proposing in 
40 CFR 180.163(a)(1) to decrease the tolerances for ``bean (dry form)'' 
from 5 to 0.5 ppm and revise the commodity name to ``bean, dry, seed;'' 
and replace ``bean, snap, succulent'' and ``bean, lima, succulent'' 
with ``bean, succulent'' and decrease the tolerance from 5 to 3.0 ppm.
    Pecan and walnut field trial data show that residues of dicofol 
were non-detectable. The Agency determined that the data translated to 
other nuts and that the tolerances for butternut, chestnut, filbert, 
hickory nut, macadamia nut, pecan, and walnut should be at 0.1 ppm. 
Therefore, EPA is proposing in 40 CFR 180.163(a)(1) to decrease the 
tolerances for ``nut, macadamia'' from 5 to 0.1 ppm;`` ''butternut`` 
from 5 to 0.1 ppm, ``chestnut'' from 5 to 0.1 ppm, ``filbert'' from 5 
to 0.1 ppm, ``nut, hickory'' from 5 to 0.1 ppm, ``pecans'' from 5 to 
0.1 ppm and revise the commodity name to ``pecan;'' and ``walnut'' from 
5 to 0.1 ppm, all based on available data.
    Based on field trial data that indicate residues of dicofol as high 
as 64.3 ppm on dried hops, the Agency has determined that the tolerance 
should be for dried hops at 65.0 ppm. Therefore, EPA is proposing to 
increase the tolerance in 40 CFR 180.163(a)(1) for ``hop'' from 30 to 
65.0 ppm and revise the commodity tolerance to ``hop, dried cones'' 
because the raw agricultural commodity (RAC) is redefined.
    Because available data show that residues of dicofol were as high 
as 9.8 ppm on strawberries, the Agency determined that the tolerance 
should be at 10.0 ppm. Therefore, EPA is proposing to increase the 
tolerance in 40 CFR 180.163(a)(1) for ``strawberry'' from 5 to 10.0 
ppm.
    Based on highest average field trial (HAFT) residues of 5.54 ppm on 
apples, 3.16 ppm on oranges, 0.06 ppm on cotton, 3.02 ppm on grapes, 
and 17.6 ppm on mint, 29.1 ppm on plucked tea leaves, and available 
processing data showing average concentration factors of 6.6x in wet 
apple pomace, 3.7x in dried orange pulp, 62.8x in orange oil, 4.9x in 
refined cotton oil, 6.6x in raisins, 1.6x in mint oil, and 1.6x in 
dried tea, the Agency determined that tolerances for dicofol are 
warranted as follows: wet apple pomace at 38 ppm, dried citrus pulp at 
12 ppm, citrus oil at 200 ppm, refined cotton oil at 0.5 ppm, raisins 
at 20.0 ppm, peppermint oil at 30 ppm, spearmint oil at 30 ppm, tea, 
plucked tea leaves at 30.0 ppm, and dried tea at 50 ppm. Therefore, EPA 
is proposing to increase the tolerance in 40 CFR 180.163(a)(1) for 
``tea, dried'' from 45 ppm to 50.0 ppm and establish tolerances in 40 
CFR 180.163(a)(1) for ``apple, wet pomace'' at 38.0 ppm, ``citrus, 
dried pulp'' at 12.0 ppm, ``citrus, oil'' at 200.0 ppm, ``cotton, 
refined oil'' at 0.5 ppm, ``grape, raisin'' at 20.0 ppm, ``peppermint, 
oil'' at 30.0 ppm, ``spearmint, oil'' at 30.0 ppm, and ``tea, plucked 
leaves'' at 30.0 ppm.
    A new tolerance for the processed commodity prunes as ``plum, 
prune, dried'' at 3.0 ppm is not needed because that use is covered by 
the proposed combination of stone fruits into a group tolerance at 5.0 
ppm, as described above.
    Based on hen metabolism and feeding data and on residues in 
cottonseed meal (20% diet X 0.1 ppm residue), the Agency has determined 
that tolerances should be established at 0.1 ppm for poultry fat, meat, 
and meat byproducts. The tolerance for eggs should be decreased to 0.05 
ppm for compatibility with Codex. Therefore, EPA is proposing to 
establish tolerances in 40 CFR 180.163(a)(2) for ``poultry, fat;'' 
``poultry, meat;'' and ``poultry, meat byproducts;'' each at 0.1 ppm 
and ``egg'' at 0.05 ppm.
    Based on ruminant metabolism and feeding data, the Agency 
determined that tolerances for fat of cattle, goats,

[[Page 47056]]

hogs, horses and sheep should be established at 50.0 ppm; meat and meat 
byproducts, except liver of cattle, goats, hogs, horses and sheep 
should be established at 3.0 ppm; and liver of cattle, goats, hogs, 
horses and sheep should be established at 5.0 ppm. Also, the Agency 
determined that the tolerance for milk should reflect dicofol residues 
of 0.75 ppm in whole milk corrected by a factor of 30x to account for 
concentration in milk such that 22.0 ppm is appropriate. Therefore, EPA 
is proposing to establish tolerances in 40 CFR 180.163(a)(2) for the 
following: ``cattle, meat;'' ``cattle, meat byproducts, except liver;'' 
``goat, meat;'' ``goat, meat byproducts, except liver;'' ``hog, meat;'' 
``hog, meat byproducts, except liver;'' ``horse, meat;'' ``horse, meat 
byproducts, except liver;'' ``sheep, meat;'' and ``sheep, meat 
byproducts, except liver;'' each at 3.0 ppm; ``cattle, liver;'' ``goat, 
liver;'' ``hog, liver;'' ``horse, liver;'' and ``sheep, liver;'' each 
at 5.0 ppm; ``cattle, fat;'' ``goat, fat;'' ``hog, fat;'' ``horse, 
fat;'' and ``sheep, fat;'' each at 50.0 ppm; and ``milk'' at 22.0 ppm.
    EPA is proposing to revise commodity terminology in 40 CFR 180.163 
to conform to current Agency practice as follows: ``hay, peppermint'' 
to ``peppermint, hay.''
    4. Diquat dibromide. The Diquat dibromide RED was completed in July 
1995 and the existing tolerances were reassessed according to the FQPA 
standard in the April 2002 TRED. EPA has determined that the tolerance 
expression in 40 CFR 180.226(a)(1) should be amended by defining diquat 
as both a plant growth regulator and herbicide, and correcting the 
chemical name. Therefore, EPA is proposing in 40 CFR 180.226(a)(1) to 
amend the tolerance expression to read `` . . . residues of the plant 
growth regulator and herbicide diquat, [6,7-dihydrodipyrido (1,2-
a:2',1'-c) pyrazinediium] . . .'' .
    On July 1, 2003, (68 FR 39427) (FRL-7308-9) EPA revised potato, 
waste, dried in 40 CFR 180.226(a)(1) to potato, processed potato waste, 
but should have revised it to potato, processed potato waste, dried. 
Processed, dried potato waste is no longer a significant animal feed 
item. Therefore, EPA is proposing to revoke the tolerances for potato, 
processed potato waste in Sec.  180.226(a)(1) and processed, dried 
potato waste in Sec.  180.226(a)(6) because the associated commodities 
are no longer significant animal feed items and these tolerances are 
therefore no longer needed.
    In order to achieve compatibility with CODEX (see Unit III., 
below), EPA is proposing to increase the tolerances in 40 CFR 
180.226(a)(1) for egg and fat, meat, and meat byproducts of cattle, 
goats, hogs, horses, poultry, and sheep, from 0.02 to 0.05 ppm.
    Available data indicate that residues of diquat in fish and 
shellfish will exceed the established tolerances at current maximum 
registered use patterns. In order to cover all residues of diquat which 
may occur as a result of the currently registered uses, increasing the 
tolerances to 2.0 ppm for fish and 20.0 ppm for shellfish is 
appropriate. Therefore, EPA is proposing in 40 CFR 180.226(a)(2)(i) to 
increase the tolerances for residues of diquat on ``fish'' from 0.1 to 
2.0 ppm and ``shellfish'' from 0.1 to 20.0 ppm.
    The available data concerning diquat residues following irrigation 
indicate that residues in/on blackberry, cowpea, orange, strawberry, 
mustard greens, pasture grass, and tomato may exceed the current 
tolerances for the respective crop groups and that tolerances should be 
increased to 0.05 ppm for citrus fruits, small fruits, fruiting 
vegetables, legume vegetables, and Brassica leafy vegetables, and to 
0.20 ppm for grass forage. Therefore, EPA is proposing in 40 CFR 
180.226(a)(2)(i) to increase the tolerances for residues of diquat on 
``fruit, citrus, group 10'' from 0.02 to 0.05 ppm; ``fruit, small'' 
from 0.02 to 0.05 ppm and revise the terminology to ``fruit, small and 
berry group;'' ``vegetable, fruiting, group 8'' from 0.02 to 0.05 ppm; 
``vegetables, leafy'' from 0.02 to 0.05 ppm and revise the terminology 
to ``vegetable, leafy, except brassica, group 4'' and ``vegetable, 
brassica, leafy, group 5;'' and ``vegetables, seed and pod'' from 0.02 
to 0.05 ppm and revise the terminology to ``vegetable, seed and pod;'' 
and ``grass, forage'' from 0.1 to 0.2 ppm and revise the terminology to 
``grass, forage, fodder and hay, group 17.''
    While no data are available for the miscellaneous commodities 
avocado, cottonseed, hops, and sugarcane for which tolerances currently 
exist, the Agency determined that data for other crops could be 
translated. Based on the highest residues found in other irrigated 
crops resulting from irrigation with water containing diquat residues, 
the Agency determined that tolerances of 0.20 ppm are appropriate for 
avocado, cottonseed, hops, and sugarcane. Therefore, EPA is proposing 
in 40 CFR 180.226(a)(2)(i) to increase the tolerances for residues of 
diquat in or on ``avocado,'' ``cotton, undelinted seed,'' and 
``sugarcane, cane;'' each from 0.02 to 0.2 ppm, and ``hop, dried cone'' 
from 0.02 to 0.2 ppm and revise the terminology to ``hop, dried 
cones.''
    Because available data show that residues of diquat were as high as 
1.6 ppm on sorghum grain and 0.16 ppm on soybean, the Agency determined 
that tolerances should be established for sorghum grain at 2.0 ppm, and 
both soybean and foliage of legume vegetables at 0.2 ppm. Therefore EPA 
is proposing to establish tolerances in 40 CFR 180.226(a)(1) for 
residues of diquat in or on ``sorghum, grain, grain'' at 2.0 ppm, 
``soybean, seed'' at 0.2 ppm, and increase the tolerance for 
``vegetable, foliage of legume, group 7'' from 0.1 to 0.2 ppm.
    In addition, soybean processing data indicate that residues of 
diquat concentrated about 3x in soybean hulls processed from soybean 
bearing detectable residues. No concentration of residues was observed 
in other soybean processed fractions. Based on a recommended tolerance 
of 0.2 ppm for soybean and a concentration factor of about 3x in 
soybean hulls, the Agency determined that a tolerance of 0.6 ppm is 
appropriate for residues of diquat on soybean hulls. Therefore, EPA is 
proposing to establish a tolerance for residues of diquat in Sec.  
180.226(a)(3) for ``soybean, hulls'' at 0.6 ppm.
    Based on field trial data on alfalfa grown for seed show that 
residues of diquat were as high as 2.4 ppm, the Agency determined that 
a tolerance of 3.0 ppm is appropriate and should be established. 
Therefore, EPA is proposing to establish a tolerance in Sec.  
180.226(a)(1) for ``alfalfa, seed'' at 3.0 ppm. However, a tolerance 
for ``clover, seed'' is not needed because clover seed is no longer 
considered to be a significant food or feed item.
    EPA is proposing to revise commodity terminology to conform to 
current Agency practice as follows: in 40 CFR 180.226(a)(2)(i), 
``grain, crop'' is proposed to be changed to read ``grain, cereal, 
group 15'' and ``grain, cereal, forage, fodder and straw, group 16;'' 
and in 40 CFR 180.226(a)(3), ``coffee'' is proposed to be changed to 
read ``coffee, bean.''
    5. 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole (Etridiazole or 
Terrazole). Based on available data, EPA determined that there is no 
reasonable expectation of finite residues of etridiazole and its 
metabolites on or in animal livestock commodities. These tolerances are 
no longer needed under 40 CFR 180.6(a)(3). Therefore, EPA is proposing 
to revoke the commodity tolerances in 40 CFR 180.370(a) for residues of 
etridiazole and its monoacid metabolite in or on ``cattle, fat;'' 
``cattle, meat byproducts;'' ``cattle, meat;'' ``egg;'' ``goat, fat;'' 
``goat, meat byproducts;'' ``goat, meat;'' ``hog, fat;'' ``hog, meat

[[Page 47057]]

byproducts;'' ``hog, meat;'' ``horse, fat;'' ``horse, meat 
byproducts;'' ``horse, meat;'' ``milk;'' ``poultry, fat;'' ``poultry, 
meat byproducts;'' ``poultry, meat;'' ``sheep, fat;'' ``sheep, meat 
byproducts;'' and ``sheep, meat.''
    EPA canceled the registrations for etridiazole use on tomatoes and 
strawberries. On October 26, 1998 (63 FR 57067) (FRL-6035-6) in a final 
rule, EPA responded to a comment received from the European Union, 
which requested that the tolerance for strawberry not be revoked and 
asked for a clarification of methodology for commitment in support of 
tolerance retention. At that time, EPA did not revoke the tolerance for 
strawberry. However, since then, EPA has published a guidance 
concerning submissions for pesticide import tolerance support and 
residue data for imported food as described in Unit III. Therefore, EPA 
is proposing to revoke the tolerance for strawberry in 40 CFR 180.370. 
However, EPA will not propose to revoke the tolerance for ``tomato'' at 
this time. At the time of the RED, the registrant had committed to 
provide additional data in order to maintain the tomato tolerance for 
import purposes. Since the RED, the registrant has expressed an 
interest in amending one or more of its existing U.S. registrations in 
order to add tomato for domestic use and supporting that use with data.
    The Agency determined that metabolism data at exaggerated rates of 
etridiazole seed treatments on cotton, soybean, and wheat would support 
seed treatment uses on barley, beans, corn, cotton peanuts, peas, 
safflower, sorghum, soybeans, and wheat. Residues of etridiazole per se 
were non-detectable on soybeans and wheat, but as high as 0.06 ppm on 
cotton. Residues of the monoacid metabolite are expected not to exceed 
0.04 ppm based on the metabolism data from seed treated at 1-fold 
amounts. Based on these data, the Agency determined that appropriate 
tolerances for combined residues of etridiazole and its monoacid 
metabolite for treated seed should be set at the combined limit of 
quantitation (0.1 ppm) of the available enforcement method. Therefore, 
EPA is proposing to increase the tolerances in 40 CFR 180.370 for 
``wheat, grain'' from 0.05 to 0.1 ppm, and ``corn, field, grain'' from 
0.05 to 0.1 ppm. Also, EPA is proposing to decrease the tolerance in 40 
CFR 180.370 for ``cotton, undelinted seed'' from 0.20 to 0.1 ppm based 
on available data. In addition, based on available data, EPA is 
proposing to establish tolerances in 40 CFR 180.370 at 0.1 ppm for 
``barley, grain;'' ``barley, hay;'' ``cotton, gin byproducts;'' 
``peanut;'' ``safflower, seed;'' ``sorghum, grain, forage;'' ``sorghum, 
grain, grain;'' ``vegetable, foliage of legume, group 7;'' and 
``vegetable, legume, group 6.'' However, because peanut hay is no 
longer considered to be a significant livestock feed commodity, the 
establishment of a peanut hay tolerance is no longer needed.
    In order to conform to current Agency practice, in 40 CFR 180.370, 
EPA is proposing to revise ``corn, forage'' to ``corn, field, forage'' 
and ``corn, sweet, forage,'' and ``corn, stover'' to ``corn, field, 
stover'' and ``corn, sweet, stover.''
    6. Fenbutatin-oxide. The Fenbutatin-oxide RED was completed in 
September 1994 and the existing tolerances were reassessed according to 
the FQPA standard in the May 2002 TRED. EPA determined that in order to 
better harmonize with CODEX, the fenbutatin-oxide, hexakis (2-methyl-2-
phenylpropyl) distannoxane tolerance expression for plants should 
include the parent compound only. Therefore, EPA is proposing in 40 CFR 
180.362(a) to recodify plant tolerances in Sec.  180.362(a)(1) and 
animal tolerances in Sec.  180.362(a)(2). Moreover, EPA is proposing to 
revise the tolerance expression such that tolerances in Sec.  
180.362(a)(1) are established for residues of hexakis (2-methyl-2-
phenylpropyl) distannoxane and tolerances in Sec.  180.362(a)(2) are 
established for the combined residues of hexakis (2-methyl-2-
phenylpropyl) distannoxane and its organotin metabolites 
dihydroxybis(2-methyl-2-phenylpropyl)stannane, and 2-methyl-2-
phenylpropylstannoic acid.
    Also, EPA is proposing to remove the tolerance in 40 CFR 180.362 
for ``plum, prune'' because that tolerance is no longer needed since 
that use is covered by the plum tolerance. In addition, EPA is 
proposing to revise the commodity tolerance terminology ``plum'' to 
``plum, prune, fresh.''
    Because available data for almond, pecan, and walnut support a crop 
group tolerance; EPA is proposing in 40 CFR 180.362 to reassign their 
individual tolerances into a group tolerance ``nut, tree, group 14'' 
and maintain the tolerance at 0.5 ppm.
    The Agency determined that a tolerance on apple wet pomace should 
be established at 100 ppm because available apple processing data 
indicate that combined fenbutatin-oxide residues of concern concentrate 
1.7x in wet pomace. Based on that processing data, EPA is proposing to 
establish a tolerance in 40 CFR 180.362(a)(1) for ``apple, wet pomace'' 
at 100.0 ppm.
    In addition, EPA is proposing to revise commodity terminology in 40 
CFR 180.362 to conform to current Agency practice as follows: ``fruit, 
citrus'' to ``fruit, citrus, group 10;'' and ``milk fat'' to ''milk, 
fat.``
    7. Folpet. EPA is proposing to recodify the tolerance for 
''avocado`` at 25 ppm from 40 CFR 180.191(a) into Sec.  180.191(c) as a 
tolerance with regional registration because the use of folpet on 
avocados is limited to the state of Florida, and there is no need for a 
national tolerance. Additional data would be required to establish a 
tolerance for folpet use on avocados outside the state of Florida.
    With the exception of ''avocado,`` the registrant is supporting the 
remaining folpet tolerances for import purposes only and EPA is 
proposing to designate them as import tolerances with no U.S. 
registrations. For some commodities, the import tolerances should be 
lower than the old tolerance with a U.S. registration because the 
import tolerances are based on different use information than that on 
which the previous tolerances were based. Because the registrant has 
committed to provide the Agency with amended foreign labels for folpet 
which specify the recommended use patterns in the near future, EPA is 
proposing modifications to certain tolerances.
    Available data indicate that folpet residues ranged up to 3.67 ppm 
in/on apples harvested 7-10 days following the last of several 
applications (14 day retreatment interval) at 0.8 to 3.59 kilograms of 
active ingredient per hectare (kg ai/ha). The submitted international 
labels, however, permit higher application rates and/or shorter pre-
harvest intervals (PHIs) than those represented by the data reviewed 
here. Based on the tested application scenarios, the Agency determined 
that a tolerance of 5 ppm on apple is appropriate provided that the 
international labels are changed so that use directions do not exceed a 
maximum single application rate of 3.6 kg ai/ha and a maximum seasonal 
application rate of 10.8 kg ai/ha. These labels should also reflect a 
minimum PHI of 10 days and a treatment interval of 14 days. Therefore, 
EPA is proposing to decrease the tolerance in 40 CFR 180.191(a) for 
''apple`` from 25.0 to 5.0 ppm.
    Foreign field trial data on cranberries indicate that folpet 
residues ranged up to 11.2 ppm in/on cranberries harvested 30 days 
following the last of three broadcast applications (separated by a 12- 
to 14-day retreatment interval) at 5.0 kg a.i./ha/application. Although 
the submitted data do not reflect the maximum label use pattern of 
folpet on cranberries (which is limited to only two applications and 
not three

[[Page 47058]]

applications as tested here), the Agency accepted the current field 
trial data and determined that a tolerance of 15 ppm is appropriate on 
cranberries. Therefore, EPA is proposing to decrease the tolerance in 
40 CFR 180.191(a) for ''cranberry`` from 25.0 to 15.0 ppm.
    Foreign field trial data on onions indicate that folpet residues 
ranged up to 0.406 ppm in/on dry bulb onions harvested 7 days following 
the last of either three or four applications (7-day retreatment 
interval) of folpet at either 1.5- or 1.95 kg ai/ha per application. 
The submitted international labels, however, permit higher application 
rates and/or shorter PHIs than those represented by this data and 
should be amended. Based on the tested application scenarios, the 
Agency determined that a tolerance of 2.0 ppm is appropriate on dry 
bulb onions. Therefore, EPA is proposing to decrease the tolerance in 
40 CFR 180.191(a) for ``onion, dry bulb'' from 15.0 to 2.0 ppm.
    Foreign field trial data on strawberries indicate that folpet 
residues ranged up to 2.56 ppm in/on strawberries harvested 2 days 
following the last of four applications at 1.25 kg ai/ha each. The 
submitted international labels, however, permit higher application 
rates and/or shorter PHIs than those represented by the data reviewed 
here. Based on the tested application scenarios, the Agency determined 
that a tolerance of 5 ppm on strawberries is appropriate provided the 
use directions on the international labels do not exceed a maximum of 
four applications per season at up to 1.25 kg ai/application, and 
specify a retreatment interval of 7 days and a preharvest interval of 2 
days. Therefore, EPA is proposing to decrease the tolerance in 40 CFR 
180.191(a) for ''strawberry`` from 25.0 to 5.0 ppm.
    Foreign field trial data on grapes indicate that folpet residues 
ranged up to 38.3 ppm in/on grapes harvested 14 days following the last 
of five applications (separated by a 5-7 day retreatment interval) at 
1.49 kg ai/ha/application. The submitted international labels, however, 
permit higher application rates and/or shorter PHIs than those 
represented by this data. Based on the tested application scenarios, 
the Agency determined that a tolerance of 50 ppm on grape is 
appropriate provided that the international labels are amended so that 
use rates do not exceed a maximum single application rate of 1.5 kg ai/
ha and a maximum seasonal rate of 8.0 kg ai/ha. These labels should 
also reflect a minimum PHI and retreatment interval of 7 days each. The 
registrant has committed to provide the foreign labels in the near 
future. Therefore, EPA is proposing to increase the tolerance in 40 CFR 
180.191(a) for ``grape'' from 25 to 50.0 ppm.
    No U.S. registration exists for use of folpet on raisins. However, 
grape processing data show that the average concentration factor from 
grapes to raisins for folpet residues is 1.9x. Based on an average 
concentration factor of 1.9x and a highest average field trial (HAFT) 
of 38.3 ppm, the Agency determined that for import purposes a tolerance 
of 80.0 ppm should be established for grape, raisin. Therefore, EPA is 
proposing to establish a tolerance in 40 CFR 180.191(a) for ``grape, 
raisin'' at 80.0 ppm.
    The reassessment decision regarding the import tolerances for 
``lettuce'' and ``tomato'' is to maintain each at its current level of 
50.0 and 25.0 ppm, respectively.
    EPA is considering the registrant's waiver request for additional 
cucumber and melon storage stability data provided the foreign labels 
are amended to specify the recommended use pattern. Foreign field 
trials for cucumbers harvested 3-7 days following the last of several 
applications indicate residues of folpet up to 0.699 ppm at up to 1.75 
kg/ai/ha. Foreign labels need to be amended for cucumber to include a 
maximum single application rate of 1.75 kg ai/ha, a maximum seasonal 
application rate of 8.0 kg ai/ha, a minimum preharvest interval of at 
least 3 days, and a minimum retreatment interval of at least 7 days. 
Also, foreign field trials for melons harvested 7 days following the 
last of up to six applications (with a 5 to 7-day retreatment interval) 
indicate residues of folpet up to 2.3 ppm at up to 1.75 kg/ai/ha. 
Foreign labels need to be amended for melons to include a maximum 
single application rate of 1.75 kg ai/ha, a maximum seasonal 
application rate of 10.5 kg ai/ha, a minimum preharvest interval of at 
least 7 days, and a minimum retreatment interval of at least 7 days.
    Based on the tested application scenarios, the tolerances for 
``cucumber'' and ``melon'' should be decreased to 2.0 and 3.0 ppm, 
respectively. Therefore, EPA is proposing in 40 CFR 180.191(a) to 
decrease the tolerances for cucumber from 15.0 to 2.0 ppm, and melon 
from 15.0 to 3.0 ppm.
    Since the folpet RED was completed in 1999, a tolerance for the 
purpose of importation was established in 40 CFR 180.191(a) for ``hop, 
dried cones'' (68 FR 10377, March 5, 2003)(FRL-7296-2).
    8. Hydramethylnon (pyrimidinone). EPA is proposing to increase the 
tolerance in 40 CFR 180.395(a) on ``grass (pasture and rangeland)'' 
from 0.05 to 2.0 ppm and revise the terminology to ``grass, forage'' 
and ``grass, hay;'' based on available field trial data which show 
residues of hydramethylnon above the current tolerance level and label 
amendments which reflect parameters of use patterns for which field 
trials are available; i.e., reflect a zero day post harvest interval 
since that the Agency no longer allows a PHI restriction on grass. The 
tolerance for ``grass hay (pasture and rangeland)'' was recommended to 
be increased from 0.05 to 0.1 ppm, based on available field trial data 
previously discussed and label amendments which reflect a zero day post 
harvest interval. However, because the terminology should be revised to 
``grass, hay,'' that tolerance at 0.1 ppm is no longer needed since it 
would be a duplicate covered by the proposed tolerance at 2.0 ppm. 
Therefore, EPA is proposing to remove the tolerance in 40 CFR 
180.395(a) for grass hay (pasture and rangeland).
    Since the hydramethylnon RED was completed in 1998, a tolerance was 
established in 40 CFR 180.395(a) for ``pineapple'' (68 FR 48302, August 
13, 2003)(FRL-7319-5).
    9. Iprodione. EPA is proposing to revoke the tolerances in 40 CFR 
180.399(a)(1) for combined residues of iprodione and its metabolites in 
or on ``bean, forage;'' ``peanut, hay'' (previously termed peanut 
forage); and ``peanut hay'' because they are no longer considered to be 
significant livestock feed commodities. Further, label amendments 
prohibit the feeding of iprodione-treated peanut hay to livestock. 
Therefore, these tolerances are no longer needed. The Agency is also 
proposing to revoke the commodity tolerances in 40 CFR 180.399(a)(1) 
for residues of iprodione in or on ``ginseng, dried root'' because 
there are no processed commodities associated with ginseng, and ``bean, 
dried, vine hay'' because labels have been amended such that iprodione 
use on cowpeas is prohibited.
    EPA is proposing to remove the individual commodity tolerances on 
``boysenberry'' and ``raspberry'' in 40 CFR 180.399(a)(1) because the 
uses are covered by the existing tolerance on caneberries, and revise 
the terminology to ``caneberry subgroup 13A.''
    The drying of ginseng roots is a routine practice and is considered 
part of the harvesting process. Therefore, the dried root should be 
considered the raw agricultural commodity. Ginseng field trial data 
show combined iprodione regulated residues above the current tolerance, 
but below 4.0 ppm. EPA is

[[Page 47059]]

proposing in 40 CFR 180.399(a)(1) to increase the tolerance on 
``ginseng, root'' from 2.0 to 4.0 ppm, based on available data.
    Based on grape field trials reflecting application with commercial 
sprayer equipment, the combined iprodione regulated residues ranged as 
high as 4.7 ppm with a highest average field trial (HAFT) of 4.1 ppm. 
However, a Codex MRL of 10.0 ppm is established for iprodione per se on 
grapes. Although the current U.S. tolerances includes combined residues 
for iprodione, its isomer, and its metabolite, data indicate that the 
majority of residue in/on grape consists of the parent compound. (Two 
samples showed detectable residues of the metabolite and none had 
detectable residues of the isomer). Therefore, the agency determined 
that a tolerance of 10.0 ppm is appropriate. Based on available residue 
data, EPA is proposing in 40 CFR 180.399(a)(1) to decrease the 
tolerance on grape from 60.0 to 10.0 ppm.
    Available grape processing data are sufficient to conclude that the 
average concentration factor from grapes to raisins for combined 
iprodione regulated residues is 3.56x. Multiplication of the average 
concentration factor (3.56x) with a HAFT of 4.1 ppm for grapes yields 
an expected combined residue level of about 14.6 ppm after processing. 
Based on the calculated level, the Agency has determined that a 
tolerance of 15.0 ppm is warranted for grape, raisin. Therefore, EPA is 
proposing in 40 CFR 180.399(a)(1) to decrease the tolerance on ``grape, 
raisin'' from 300 to 15.0 ppm.
    OPPTS Guideline 860.1500 lists cherries (sweet or sour), peach, and 
plum (or fresh prune) as the representative commodities for the stone 
fruit crop group. Peach and plum field trial data show that combined 
iprodione regulated residues were below the limit of quantitation (LOQ) 
of 0.05 ppm. Cherry field trial data show that combined iprodione 
regulated residues ranged from non-detectable to 0.14 ppm. In addition, 
label amendments restrict applications to all stone fruits to no later 
than last petal fall, and reduce the number of applications per season 
on cherries and plums from four to two. Therefore, EPA is proposing to 
decrease commodity tolerances in 40 CFR 180.399(a)(1) as follows: 
``apricot'' from 20.0 to 0.2 ppm; ``cherry, tart'' from 20.0 to 0.2 
ppm; ``cherry (sweet), postharvest'' from 20.0 to 0.2 ppm and revise 
the terminology to ``cherry, sweet;'' ``nectarine, postharvest'' from 
20.0 to 0.2 ppm and revise the terminology to ``nectarine;'' ``peach, 
postharvest'' from 20.0 to 0.05 ppm and revise the terminology to 
``peach;'' ``plum, postharvest'' from 20.0 to 0.2 ppm and revise the 
terminology to ``plum;'' and ``plum, prune'' from 20.0 to 0.2 ppm and 
revise the terminology to ``plum, prune, fresh.''
    Strawberry field trial data show that combined iprodione regulated 
residues ranged from non-detectable to a high of 0.41 ppm. In addition, 
label amendments reduce the number of applications per season on 
strawberries from four to two and the PHI was increased from zero days 
to no later than first flower (ca. 20 days). Therefore, EPA is 
proposing to amend 40 CFR 180.399(a)(1) to decrease the tolerance on 
strawberry from 15.0 to 0.5 ppm.
    Cattle feeding data show that combined iprodione regulated residues 
were highest in kidney (<2.9 ppm) and liver (<2.0 ppm) at an 
exaggerated 7.2x feeding level, and therefore, those tolerances should 
be maintained at 3.0 ppm. Also, the tolerance for meat byproducts 
should be equivalent to the level which is highest for either meat or 
any individual organ for which residues were measured; i.e., increased 
to 3.0 ppm. Based on the available feeding data, the tolerances for 
meat byproducts, except kidney and liver of cattle, goats, hogs, 
horses, and sheep should each be increased from 0.5 to 3.0 ppm. 
Separate tolerances for ``cattle, kidney;'' ``cattle, liver;'' ``goat, 
kidney;'' ``goat, liver;'' ``hog, kidney;'' ``hog, liver;'' ``horse, 
kidney;'' ``horse, liver;'' ``sheep, kidney'' and ``sheep, liver,'' 
which currently exist in 40 CFR 180.399(a)(2) at 3.0 ppm, are no longer 
needed. Therefore, EPA is proposing to combine the three meat byproduct 
tolerances for each animal commodity by revising the terminologies to 
``cattle, meat byproducts;'' ``goat, meat byproducts;'' ``hog, meat 
byproducts;'' ``horse, meat byproducts;'' and ``sheep, meat 
byproducts;'' and increasing each tolerance to 3.0 ppm.
    Hen feeding data show that combined iprodione regulated residues 
were highest in liver (<7.2 ppm at a 1.27x feeding level), and 
therefore, the poultry, liver tolerance should be increased to 7.0 ppm. 
Because the tolerance for meat byproducts should be equivalent to the 
level which is highest for either meat or any individual organ for 
which residues were measured, ``poultry, meat byproducts, except 
liver'' should be increased to 7.0 ppm and revised to ``poultry, meat 
byproducts.'' Therefore, EPA is proposing in 40 CFR 180.399(a)(2) to 
increase the tolerances for ``poultry, liver'' from 5.0 to 7.0 ppm and 
``poultry, meat byproducts, except liver'' from 1.0 to 7.0 ppm. Because 
separate liver and meat byproduct tolerances for poultry are no longer 
needed, EPA is proposing to combine them into the commodity terminology 
``poultry, meat byproducts'' at 7.0 ppm. Also, because the hen feeding 
data evaluated residues for skin/fat rather than for the tolerance 
commodity fat, the tolerance for poultry fat will be based on data in 
liver. Therefore, EPA is proposing in 40 CFR 180.399(a)(2) to increase 
the tolerance for ``poultry, fat'' from 3.5 to 7.0 ppm.
    10. Paraquat. EPA is proposing to revoke the tolerances in 40 CFR 
180.205(a) for ``mint, hay'' and ``mint, hay, spent'' because they are 
no longer recognized as raw agricultural commodities, and for ``peanut, 
hay'' because it is no longer considered to be a significant livestock 
feed commodity, and therefore these tolerances are no longer needed. 
Also, EPA is proposing to remove the ``(N)'' designation from all 
entries to conform to current Agency administrative practice (``N'' 
designation means negligible residues), and to revise the commodity 
terminology ``coffee bean'' to ``coffee, bean;'' ``fruit, citrus'' to 
``fruit, citrus, group 10;'' ``vegetable, fruiting'' to ``vegetable, 
fruiting, group 8;'' and redefine the commodity terminology for ``bean, 
forage'' to ``cowpea, forage'' and ``bean, hay'' to ``cowpea, hay.''
    Based on field trial data that indicate residues of paraquat as 
high as 60, 59, and 74 ppm in or on alfalfa forage, birdsfoot trefoil 
forage, and clover forage, respectively, and 93, 206, and 148 ppm in or 
on alfalfa hay, birdsfoot trefoil hay, and clover hay, respectively, 
the Agency determined that the crop animal feed, non-grass group 
tolerances should be increased to 75.0 ppm for forage and 210.0 ppm for 
hay. Therefore, EPA is proposing in 40 CFR 180.205(a) to combine the 
commodity tolerances for ``alfalfa,'' ``birdsfoot trefoil,'' and 
``clover,'' each at 5 ppm, under the crop group terminologies ``animal 
feed, nongrass, group 18, forage'' and ``animal feed, nongrass, group 
18, hay'' and increase the tolerances to 75.0 and 210.0 ppm, 
respectively.
    Based on field trial data that indicate residues of paraquat as 
high as 90 ppm in or on rangeland grass forage (which should be revised 
to grass, forage) and 40 ppm in or on pasture grass hay (which should 
be revised to grass, hay), the Agency determined that the tolerances 
should be increased to 90 ppm for grass forage and 40 ppm for grass 
hay. Therefore, EPA is proposing in 40 CFR 180.205(a) to revise the 
commodity terminology ``grass, pasture'' to read ``grass, forage'' and 
increase the tolerance from 5 to 90.0 ppm; and revise

[[Page 47060]]

``grass, range'' to read ``grass, hay'' and increase the tolerance from 
5 to 40.0 ppm.
    Although ruminant feeding data indicate residues of paraquat as 
high as only 0.31 ppm in kidney, the Agency determined that in the 
interest of CODEX harmonization that it is appropriate to increase the 
tolerance equal to the maximum residue limit (MRL) of CODEX at 0.5 ppm 
for the kidney of cattle, goats, hogs, horses, and sheep. Therefore, 
EPA is proposing in 40 CFR 180.205(a) to increase the tolerances for 
``cattle, kidney;'' ``goat, kidney;'' ``hog, kidney;'' ``horse, 
kidney;'' and ``sheep, kidney;'' each from 0.3 to 0.5 ppm.
    Based on field trial data indicating residues exceeding the current 
tolerance of 0.2 ppm, the Agency determined that the tolerance for 
dried hops should be increased to 0.5 ppm. Therefore, EPA is proposing 
in 40 CFR 180.205(a) to increase the tolerances for ``hop, dried cone'' 
from 0.2 to 0.5 ppm and revise the terminology to ``hop, dried cones.''
    Based on field trial data that indicate residues of paraquat as 
high as 0.06 ppm in or on sorghum forage, the Agency determined that 
the tolerance should be increased to 0.1 ppm. Therefore, EPA is 
proposing in 40 CFR 180.205(a) to increase the tolerance for ``sorghum, 
forage'' from 0.05 to 0.1 ppm.
    Based on field trial data, the Agency determined that residues of 
paraquat in or on soybeans would not exceed 0.25 ppm and should be 
increased. Therefore, EPA is proposing in 40 CFR 180.205(a) to increase 
the tolerance for ``soybean'' from 0.05 to 0.25 ppm.
    Based on field trial data that indicate residues of paraquat in or 
on sugar beet tops are non-detectable (<0.025 ppm), the Agency 
determined that the tolerance should be decreased to 0.05 ppm. 
Therefore, EPA is proposing in 40 CFR 180.205(a) to decrease the 
tolerances for ``beet, sugar, tops'' from 0.5 to 0.05 ppm.
    Based on label restrictions against the grazing or harvesting for 
treated soybean forage and hay following postemergence or harvest aid 
use, the Agency determined that the tolerance in or on soybean forage 
should be decreased to 0.03 ppm and a tolerance for soybean hay should 
be established at 0.05 ppm. Therefore, EPA is proposing in 40 CFR 
180.205(a) to decrease the tolerance for ``soybean forage'' from 0.05 
to 0.03 ppm and revise the commodity terminology to read ``soybean, 
forage;'' and to establish a tolerance in 40 CFR 180.205(a) for 
``soybean, hay'' at 0.05 ppm.
    EPA is proposing in 40 CFR 180.205(a) to combine the commodity 
tolerances for ``apple'' and ``pear'' under the crop group terminology 
``fruit, pome, group 11'' and maintain the tolerance at 0.05 ppm.
    EPA is proposing in 40 CFR 180.205(a) to combine the commodity 
tolerances for ``apricot,'' ``cherry,'' ``nectarine,'' ``peach,'' and 
``plum, prune, fresh'' under the crop group terminology ``fruit, stone, 
group 12'' and maintain the tolerance at 0.05 ppm based on label 
amendments.
    EPA is proposing in 40 CFR 180.205(a) to combine the commodity 
tolerances for ``broccoli,'' ``cabbage,'' ``cabbage, chinese,'' 
``cauliflower,'' and ``collards'' under the crop group terminology 
``vegetable, brassica, leafy, group 5'' and maintain the tolerance at 
0.05 ppm.
    EPA is proposing in 40 CFR 180.205(a) to revise the crop group 
tolerance for ``small fruit'' into individual commodity tolerances for 
``cranberry'' and ``grape'' and maintain the tolerances at 0.05 ppm.
    Based on a reassessed pineapple tolerance of 0.05 ppm and pineapple 
processing data showing an average concentration factor of 4.5x in 
dried bran, the Agency determined that a tolerance should be 
established for pineapple process residue (a wet-waste byproduct from 
the fresh cut product line, which usually contains pineapple bran) at 
0.25 ppm. Therefore, EPA is proposing to establish a tolerance in 40 
CFR 180.205(a) for ``pineapple, process residue'' at 0.25 ppm.
    Based on a reassessed soybean tolerance of 0.25 ppm and soybean 
processing data showing an average concentration factor of 6.1x in 
hulls, the Agency determined that a tolerance should be established for 
soybean hulls at 2.0 ppm. Therefore, EPA is proposing to establish a 
tolerance in 40 CFR 180.205(a) for ``soybean, hulls'' at 2.0 ppm.
    Based on a reassessed sugarcane tolerance of 0.5 ppm and sugarcane 
processing data showing an average concentration factor of 5.5x in 
blackstrap molasses, the Agency determined that a tolerance should be 
established for sugarcane molasses at 3.0 ppm. Therefore, EPA is 
proposing to establish a tolerance in 40 CFR 180.205(a) for 
``sugarcane, molasses'' at 3.0 ppm.
    Based on field trial data that indicate residues of paraquat as 
high as 0.46 ppm in or on wheat straw, the Agency determined that a 
tolerance should be established at 1.0 ppm for wheat straw and because 
the data can translate to barley, there should also be a tolerance 
established at 1.0 ppm for barley straw. In addition, based on wheat 
data that indicate residues of paraquat in or on wheat forage will not 
exceed 0.5 ppm, the Agency determined that a tolerance should be 
established for wheat forage at 0.5 ppm. Therefore, EPA is proposing to 
establish tolerances in 40 CFR 180.205(a) for ``barley, straw'' at 1.0 
ppm; ``wheat, forage'' at 0.5 ppm; and ``wheat, straw'' at 1.0 ppm.
    On September 21, 2001 (66 FR48593) (FRL-6799-2), EPA published a 
final rule in the Federal Register which in 40 CFR 180.205(a) 
established tolerances for ``corn, field, stover'' and ``corn, pop, 
stover'' at 10.0 ppm; ``corn, field, grain'' and ``corn, pop, grain'' 
at 0.1 ppm; and ``corn, field, forage'' at 3.0 ppm; based on proposed 
tolerances in pesticide petition PP 5F1625 submitted by Zeneca Ag. 
Products and to harmonize corn, field, grain and corn, pop, grain with 
the Codex maximum residue limit (MRL) of 0.1 ppm for maize. In the 
September 2001 final rule, EPA also stated that in the food additive 
petition 5H5088, Zeneca had proposed a food additive tolerance for 
``corn flour'' at 0.1 ppm which was subsequently withdrawn since EPA 
determined that the tolerance for corn, field, grain at 0.1 ppm is 
adequate to cover residues in corn flour.
    EPA is proposing in 40 CFR 180.205(a) to revise the commodity 
terminology for ``corn, fresh (inc. sweet corn), kernel plus cob with 
husks removed'' to read ``corn, sweet, kernel plus cob with husks 
removed;'' ``guar bean'' to read ``guar,'' and ``pea (succulent)'' to 
read ``pea, succulent.''
    11. Phosphine. EPA is proposing to remove the commodity tolerance 
in 40 CFR 180.225(a)(1) for residues of phospine in or on ``pimento;'' 
because this tolerance is covered by the existing tolerance for pepper.
    12. Picloram. The Picloram RED was completed in March 1995 and the 
existing tolerances were reassessed according to the FQPA standard when 
new tolerances were established on January 5, 1999 (64 FR 418)(FRL-
6039-4). Because the tolerances at 3.0 ppm in 40 CFR 180.292(a)(3) for 
residues of picloram in or on barley, milled fractions (exc flour); 
oat, milled fractions (exc flour); and wheat, milled fractions (exc 
flour) are duplicates covered by the tolerances at 3.0 ppm in Sec.  
180.292(a)(2), there is no longer a need for them and therefore, EPA is 
proposing to remove the tolerances in 40 CFR 180.292(a)(3) for residues 
of picloram in or on barley, milled fractions (exc flour); oat, milled 
fractions (exc flour); and wheat, milled fractions (exc flour).
    Because the time-limited tolerances on aspirated grain fractions, 
sorghum grain, forage, and stover for indirect or

[[Page 47061]]

inadvertent residues in 40 CFR 180.292(d) all expired on December 31, 
2000, there is no longer a need to codify them in that part. Therefore, 
EPA is proposing to amend 40 CFR 180.292(d) by removing the text and 
table of expired tolerances, and reserving the paragraph designation 
and heading.
    Based on the concentration of picloram residues in the aspirated 
grain fractions of wheat, EPA is proposing to establish tolerances in 
40 CFR 180.292(a)(1) for ``grain, aspirated fractions'' at 4.0 ppm.
    In order to conform to current Agency practice, in 40 CFR 
180.292(a)(2), EPA is proposing to revise the commodity terminology for 
``barley, milled fractions (exc flour)'' to read ``barley, pearled 
barley;'' ``oat, milled fractions (exc flour)'' to read ``oat, groats/
rolled oats;'' and ``wheat, milled fractions (exc flour)'' to read 
``wheat, bran;'' ``wheat, germ;'' ``wheat, middlings;'' and ``wheat, 
shorts.''
    EPA will not take action on the tolerance in 40 CFR 180.292(a)(1) 
for ``grass, forage'' or propose to establish a tolerance for ``grass, 
hay'' at this time due to label and data issues. However, the Agency 
intends to clarify these issues with the registrants.
    13. Propargite. Based on available data, EPA determined that there 
is no reasonable expectation of finite residues of propargite in 
poultry meat and meat byproducts. These tolerances are no longer needed 
under 40 CFR 180.6(a)(3). Therefore, EPA is proposing to revoke the 
commodity tolerances in 40 CFR 180.259(a) for residues of propargite in 
or on ``poultry, meat'' and ``poultry, meat byproducts.'' Also, EPA is 
proposing to revoke the commodity tolerance in 40 CFR 180.259(a) for 
residues of propargite in or on ``citrus, dried pulp'' because residues 
do not concentrate in dried pulp based on a citrus processing study, 
and therefore the tolerance is no longer needed. In addition, EPA is 
proposing to revoke the commodity tolerances in 40 CFR 180.259 for 
residues of propargite in or on ``peanut, forage;'' ``peanut, hay;'' 
and ``peanut, hulls'' because they are no longer considered to be 
significant livestock feed commodities and therefore these tolerances 
are no longer needed.
    EPA is proposing to remove the tolerance in Sec.  180.259(a) for 
``hop'' at 15 ppm because the raw agricultural commodity (RAC) for hops 
is dried hops, whose use is covered by the existing tolerance for 
``hop, dried cone'' at 30 ppm, whose terminology the Agency is 
proposing to revise to read ``hop, dried cones.''
    Based on field trial data that show propargite residues as high as 
8.3 ppm in or on oranges and 3.8 ppm in or on sorghum grain, the Agency 
determined that the tolerances should be increased to 10.0 ppm for 
oranges and decreased to 5.0 for sorghum grain. Therefore, EPA is 
proposing in 40 CFR 180.259(a) to increase the tolerance for ``orange, 
sweet'' from 5 to 10.0 ppm and revise the terminology to read 
``orange'' and decrease the tolerance for ``sorghum, grain'' from 10 to 
5.0 ppm.
    Based on HAFT residues of 4 ppm (residue range 1.6 to 8.3 ppm) in 
oranges and available processing data showing an average concentration 
factor of 7.0x in orange oil, the Agency determined that a tolerance 
should be established for propargite on citrus oil at 30 ppm. 
Therefore, EPA is proposing to establish a tolerance in 40 CFR 
180.259(a) for residues of propargite in ``citrus, oil'' at 30.0 ppm.
    Available processing data indicate that propargite residues do not 
concentrate in aspirated grain fractions of sorghum, but do concentrate 
in aspirated grain fractions of field corn as high as 0.35 ppm. The 
Agency determined that a tolerance should be established for aspirated 
grain fractions at 0.4 ppm. Therefore, EPA is proposing to establish a 
tolerance in 40 CFR 180.259(a) for residues of propargite in or on 
``grain, aspirated fractions'' at 0.4 ppm.
    In order to conform to current Agency practice, in 40 CFR 
180.259(a), EPA is proposing to revise the commodity terminology for 
``corn, forage'' to ``corn, field, forage'' and ``corn, sweet, 
forage;'' ``corn, grain'' to read ``corn, field, grain'' and ``corn, 
pop, grain;'' ``mint'' to ``peppermint, tops'' and ``spearmint, tops;'' 
and ``sorghum, forage'' to read ``sorghum, grain, forage.''
    14. Triclopyr. EPA has determined that the residue which should be 
regulated in grass and rice commodities and milk, poultry, and eggs is 
triclopyr per se. The Agency has also determined that the residue which 
should be regulated in meat and meat byproducts are the combined 
residues of triclopyr and the metabolite 3,5,6-trichloro-2-pyridinol 
(TCP). Therefore, EPA is proposing in 40 CFR 180.417(a)(1) to revise 
the tolerance expression to include residues of triclopyr per se as a 
result of the application/use of butoxyethyl ester of triclopyr and 
triethylamine salt of triclopyr. In addition, EPA is proposing to 
recodify tolerances for ``egg,'' ``milk,'' ``poultry, fat;'' ``poultry, 
meat byproducts, except kidney;'' ``poultry, meat;'' ``rice, grain;'' 
and ``rice, straw;'' from 40 CFR 180.417(a)(2) to Sec.  180.417(a)(1).
    Also, EPA is proposing in 40 CFR 180.417(a)(2) to amend the 
tolerance expression for the combined residues of the herbicide 
triclopyr ((3,5,6-trichloro-2-pyridinyl)oxy) acetic acid and its 
metabolite 3,5,6-trichloro-2-pyridinol (TCP) as a result of the 
application/use of butoxyethyl ester of triclopyr or the triethylamine 
salt of triclopyr.
    Since the time of the Triclopyr RED, the Agency has determined that 
a proposal by the registrant to increase the tolerance for ``grass, 
forage'' from 500 to 700 ppm is acceptable based on available field 
trial data and pending the amendment of all labels for triclopyr 
formulations used on pasture and rangeland to specify a maximum 
application rate of 2 lb. acid equivalents (ae)/A per annual growing 
season. The dietary risk assessment performed as part of the triclopyr 
RED supports this increase. The current tolerances on meat commodities 
are adequate to cover residues that may occur from grazing areas 
treated at 2 lb. ae/A. Therefore, EPA is proposing in 40 CFR 
180.417(a)(1) to increase the tolerance on ``grass, forage'' to 700.0 
ppm. Also, the Agency is proposing to revise the commodity terminology 
``grass, forage, hay'' to read ``grass, hay'' and decrease the 
tolerance from 500.0 to 200.0 ppm, based on available data and label 
amendments.
    Since the triclopyr RED was completed in 1997, tolerances were 
established in 40 CFR 180.417(a)(1) for ``fish'' and ``shellfish'' (67 
FR 58712, September 18, 2002)(FRL-7196-7).
    15. Triphenyltin hydroxide (TPTH). Since TPTH residues of concern 
in plant and animal commodities have been determined to include TPTH 
and its monophenyltin (MPTH) and diphenyltin (DPTH) hydroxide and oxide 
metabolites, EPA is proposing to revise the tolerance definition in 40 
CFR 180.236 in terms of the combined residues of TPTH and its MPTH and 
DPTH hydroxide and oxide metabolites, expressed in terms of parent 
TPTH.
    Based on available ruminant feeding data that indicate combined 
TPTH-regulated residues as high as 1.15 ppm in kidney and 3.7 ppm in 
liver, the Agency determined that the appropriate tolerances for kidney 
and liver of cattle, goats, horses, and sheep are 2.0 and 4.0 ppm, 
respectively. Therefore, EPA is proposing in 40 CFR 180.236 to increase 
the tolerances for ``cattle, liver;'' ``goat, liver;'' ``horse, 
liver;'' and ``sheep, liver;'' each from 0.05 to 4.0 ppm, ``cattle, 
kidney;'' ``goat, kidney;'' ``horse, kidney;'' and ``sheep, kidney;'' 
each from 0.05 to 2.0 ppm.
    Also, because available ruminant feeding data show combined TPTH-

[[Page 47062]]

regulated residues as high as 0.14 ppm in fat and 0.34 ppm in meat, the 
Agency determined that the appropriate tolerances should be established 
for fat and meat of cattle, goats, horses, and sheep at 0.2 ppm and 0.5 
ppm, respectively. Moreover, based on non-detectable levels and 
combined Limit of quantitation (LOQs) of 0.02 ppm for each metabolite, 
the Agency determined that a tolerance should be established for milk 
at 0.06 ppm. Therefore, EPA is proposing to establish tolerances in 40 
CFR 180.236 for ``cattle, fat;'' ``goat, fat;'' ``horse, fat;'' and 
``sheep, fat;'' each at 0.2 ppm;``cattle, meat;'' ``goat, meat;'' 
``horse, meat;'' and ``sheep, meat;'' each at 0.5 ppm, and ``milk'' at 
0.06 ppm.
    The ruminant feeding data was also used by the Agency to reassess 
tolerances for swine. EPA determined that tolerances for hog kidney and 
liver should be increased to 0.3 ppm (the combined LOQs of 0.1 ppm for 
residues in kidney, liver and fat), and that these separate tolerances 
should be combined as hog, meat byproducts. In addition, EPA determined 
that tolerances should also be established for hog fat at 0.3 ppm (the 
combined LOQs of 0.1 ppm for each metabolite), and in hog meat at 0.06 
ppm (the combined LOQs of 0.02 ppm for each metabolite). Therefore, EPA 
is proposing in 40 CFR 180.236 to revise the commodity tolerances for 
``hog, kidney'' and ``hog, liver'' at 0.05 ppm into the commodity 
tolerance ``hog, meat byproducts'' and increase the tolerance to 0.3 
ppm and to establish tolerances for ``hog, fat'' at 0.3 ppm and ``hog, 
meat'' at 0.06 ppm.
    Based on available field trial data that show combined TPTH-
regulated residues as high as 9.7 ppm, the Agency determined that a 
tolerance should be established at 10.0 ppm for beet, sugar, tops. 
Therefore, EPA is proposing to establish a tolerance in 40 CFR 180.236 
for ``beet, sugar, tops'' at 10.0 ppm.
    Also, in order to conform to current Agency practice, EPA is 
proposing in 40 CFR 180.236 to revise the terminology ``pecans'' to 
read ``pecan.''

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

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 301 et 
seq., as amended by the FQPA of 1996, Public Law 104-170, authorizes 
the establishment of tolerances, exemptions from tolerance 
requirements, modifications in tolerances, and revocation of tolerances 
for residues of pesticide chemicals in or on raw agricultural 
commodities and processed foods (21 U.S.C. 346(a)). Without a tolerance 
or exemption, food containing pesticide residues is considered to be 
unsafe and therefore ``adulterated'' under section 402(a) of the FFDCA. 
Such food may not be distributed in interstate commerce (21 U.S.C. 
331(a) and 342(a)). For a food-use pesticide to be sold and 
distributed, the pesticide must not only have appropriate tolerances 
under the FFDCA, but also must be registered under FIFRA (7 U.S.C. et 
seq.). Food-use pesticides not registered in the United States must 
have tolerances in order for commodities treated with those pesticides 
to be imported into the United States.
    EPA is proposing these tolerance actions to implement the tolerance 
recommendations made during the RED and TRED processes, and as follow-
up on canceled uses of pesticides. As part of the RED and TRED 
processes, EPA is required to determine whether each of the amended 
tolerances meets the safety standards under the FQPA. The safety 
finding determination is found in detail in each Post-FQPA RED and TRED 
for the active ingredient. REDs and TREDs propose certain tolerance 
actions to be implemented 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 Bromoxynil, Diclofop-methyl, 
Dicofol, Etridiazole, Folpet, Hydramethylnon, Iprodione, Paraquat, 
Phosphine, Propargite, Triclopyr, and Triphenyltin hydroxide, and TREDs 
for Diquat and Fenbutatin-oxide, whose REDs were both completed prior 
to FQPA. EPA also issued a RED prior to FQPA for Picloram and in 1999 
made a safety finding which reassessed its tolerances according to the 
FQPA standard, maintaining them when new tolerances were established as 
noted in Unit II.A. REDs and TREDs contain the Agency's evaluation of 
the data base for these pesticides, including requirements for 
additional data on the active ingredients to confirm the potential 
human health and environmental risk assessments associated with current 
product uses, and in REDs contain the Agency's decisions and 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, require 
assessment under the FQPA standard of ``reasonable certainty of no 
harm,'' and are proposed in those documents under that standard. 
However, tolerance revocations recommended in REDs and TREDs may be 
proposed in this document without such assessment when the tolerances 
are no longer necessary.
    EPA's general practice is to propose revocation of 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 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.
    Furthermore, as a general matter, the Agency believes that 
retention of import tolerances not needed to cover any imported food 
may result in unnecessary restriction on trade of pesticides and foods. 
Under section 408 of the FFDCA, a tolerance may only be established or 
maintained if EPA determines that the tolerance is safe based on a 
number of factors, including an assessment of the aggregate exposure to 
the pesticide and an assessment of the cumulative effects of such 
pesticide and other substances that have a common mechanism of 
toxicity. In doing so, EPA must consider potential contributions to 
such exposure from all tolerances. If the cumulative risk is such that 
the tolerances in aggregate are not safe, then every one of these 
tolerances is potentially vulnerable to revocation. Furthermore, if 
unneeded tolerances are included in the aggregate and cumulative risk 
assessments, the estimated exposure to the pesticide would be inflated. 
Consequently, it may be more difficult for others to obtain needed 
tolerances or to register needed new uses. To avoid potential trade 
restrictions, the Agency is proposing to revoke tolerances for residues 
on crops for which FIFRA registrations no longer exist, unless someone 
expresses a need for such tolerances. Through this proposed rule, the 
Agency is inviting individuals who need these import

[[Page 47063]]

tolerances to identify themselves and the tolerances that are needed to 
cover imported commodities.
    Parties interested in retention of the tolerances should be aware 
that additional data may be needed to support retention. These parties 
should be aware that, under FFDCA section 408(f), if the Agency 
determines that additional information is reasonably required to 
support the continuation of a tolerance, EPA may require that parties 
interested in maintaining the tolerances provide the necessary 
information. If the requisite information is not submitted, EPA may 
issue an order revoking the tolerance at issue.

C. When Do These Actions Become Effective?

    EPA is proposing that revocations, modifications, establishments of 
tolerances, and commodity terminology revisions become effective 90 
days following publication of a final rule in the Federal Register to 
ensure that all affected parties receive notice of EPA's actions. For 
this rule, the proposed revocations will affect tolerances for 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 tolerances proposed for revocation have been 
completely exhausted and that treated commodities have had sufficient 
time for passage through the channels of trade. However, if EPA is 
presented with information that existing stocks would still be 
available and that information is verified, the Agency will consider 
extending the expiration date of the tolerance. If you have comments 
regarding existing stocks and whether the effective date allows 
sufficient time for treated commodities to clear the channels of trade, 
please submit comments as described under SUPPLEMENTARY INFORMATION.
    Any commodities listed in this proposal treated with the pesticides 
subject to this proposal, and in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as 
established by FQPA. Under this section, 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.

D. What Is the Contribution to Tolerance Reassessment?

    By law, EPA is required by August 2006 to reassess the tolerances 
in existence on August 2, 1996. As of July 26, 2004, EPA has reassessed 
over 6,740 tolerances. Regarding tolerances mentioned in this proposed 
rule, tolerances in existence at FQPA were previously counted as 
reassessed at the time of the signature completion of a Post-FQPA RED 
or TRED for each active ingredient, except for picloram whose 
tolerances were counted as reassessed via final rulemaking which 
published in the Federal Register on January 5, 1999 (64 FR 418), as 
described in Units II.A. and B. Therefore, no further tolerance 
reassessments would be counted toward the August 2006 review.

III. Are the Proposed Actions Consistent With International 
Obligations?

    The tolerance revocations in this proposal are not discriminatory 
and are designed to ensure that both domestically-produced and imported 
foods meet the food safety standards established by the FFDCA. The same 
food safety standards apply to domestically produced and imported 
foods.
    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex Alimentarius 
Commission, an international organization formed to promote the 
coordination of international food standards. It is EPA's policy to 
harmonize U.S. tolerances with Codex MRLs to the extent possible, 
provided that the MRLs achieve the level of protection required under 
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual Reregistration Eligibility 
Decision documents. EPA has developed guidance concerning submissions 
for import tolerance support (65 FR 35069, June 1, 2000) (FRL-6559-3). 
This guidance will be made available to interested persons. Electronic 
copies are available on the internet at http://www.epa.gov/. On the 
Home Page select ``Laws, Regulations, and Dockets,'' then select 
``Regulations and Proposed Rules'' and then look up the entry for this 
document under ``Federal Register--Environmental Documents.'' You can 
also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/.

IV. Statutory and Executive Order Reviews

    In this proposed rule, EPA is proposing to establish specific 
tolerances under FFDCA section 408(e), and to modify and revoke 
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 proposed rule has been exempted 
from review under Executive Order 12866 due to its lack of 
significance, this proposed 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 proposed 
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 
104-113, 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 of tolerances might significantly impact a substantial

[[Page 47064]]

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), 
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 proposed action will not 
have a significant negative economic impact on a substantial number of 
small entities. Specifically, as per the 1997 notice, EPA has reviewed 
its available data on imports and foreign pesticide usage and concludes 
that there is a reasonable international supply of food not treated 
with canceled pesticides. Furthermore, for the pesticides named in this 
proposed rule, the Agency knows of no extraordinary circumstances that 
exist as to the present proposal that would change the EPA's previous 
analysis. Any comments about the Agency's determination should be 
submitted to the EPA along with comments on the proposal, and will be 
addressed prior to issuing a final rule. 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 
proposed 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 
proposed 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 proposed 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 proposed rule.

List of Subjects in 40 CFR Part 180

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

    Dated: July 19, 2004.
James Jones,
Director, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

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

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

    2. Section 180.163 is amended by revising the section heading and 
paragraph (a) to read as follows:


Sec.  180.163  1, 1-Bis(4-chlorophenyl) -2,2,2- trichloroethanol; 
tolerances for residues.

    (a) General. (1) Tolerances for the combined residues of the 
insecticide dicofol, 1,1-bis(4-chlorophenyl) -2,2,2-trichloroethanol 
and 1-(2-chlorophenyl)-1- (4-chlorophenyl) -2,2,2-trichloroethanol in 
or on raw agricultural commodities are established as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Apple, wet pomace..........................................         38.0
Bean, dry, seed............................................          0.5
Bean, succulent............................................          3.0
Butternut..................................................          0.1
Caneberry subgroup 13A.....................................          5.0
Chestnut...................................................          0.1
Citrus, dried pulp.........................................         12.0
Citrus oil.................................................        200.0
Cotton, refined oil........................................          0.5
Cotton, undelinted seed....................................          0.1
Filbert....................................................          0.1
Fruit, citrus, group 10....................................          6.0
Fruit, pome, group 11......................................         10.0
Fruit, stone, group 12.....................................          5.0
Grape......................................................          5.0
Grape, raisin..............................................         20.0
Hop, dried cones...........................................         65.0
Nut, hickory...............................................          0.1
Nut, macadamia.............................................          0.1
Pecan......................................................          0.1
Peppermint, hay............................................         25.0
Peppermint, oil............................................         30.0
Spearmint, hay.............................................         25.0
Spearmint, oil.............................................         30.0
Strawberry.................................................         10.0
Tea, dried.................................................         50.0
Tea, plucked leaves........................................         30.0
Vegetable, cucurbit, group 9...............................          2.0
Vegetable, fruiting, group 8...............................          2.0
Walnut.....................................................          0.1
------------------------------------------------------------------------

    (2) Tolerances for the combined residues of the insecticide 
dicofol, 1,1-bis(4-chlorophenyl)-2,2,2- trichloroethanol, 1-(2-
chlorophenyl)-1-(4- chlorophenyl)-2,2,2-trichloroethanol, 1,1-bis(4-
chlorophenyl) -2,2-dichloroethanol, and 1-(2-chlorophenyl)-1- (4-
chlorophenyl)-2,2-dichloroethanol in or on raw agricultural commodities 
are established as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................         50.0
Cattle, liver..............................................          5.0
Cattle, meat...............................................          3.0
Cattle, meat byproducts, except liver......................          3.0
Egg........................................................         0.05
Goat, fat..................................................         50.0
Goat, liver................................................          5.0
Goat, meat.................................................          3.0
Goat, meat byproducts, except liver........................          3.0
Hog, fat...................................................         50.0
Hog, liver.................................................          5.0
Hog, meat..................................................          3.0
Hog, meat byproducts, except liver.........................          3.0
Horse, fat.................................................         50.0
Horse, liver...............................................          5.0
Horse, meat................................................          3.0
Horse, meat byproducts, except liver.......................          3.0
Milk.......................................................         22.0
Poultry, fat...............................................          0.1
Poultry, meat..............................................          0.1
Poultry, meat byproducts...................................          0.1
Sheep, fat.................................................         50.0
Sheep, liver...............................................          5.0
Sheep, meat................................................          3.0

[[Page 47065]]

 
Sheep, meat byproducts, except liver.......................          3.0
------------------------------------------------------------------------

* * * * *
    3. Section 180.191 is amended by revising paragraph (a) and by 
adding text to paragraph (c) after the paragraph heading to read as 
follows:


Sec.  180.191  Folpet; tolerances for residues.

    (a) General. Tolerances are established for the fungicide folpet 
(N-(trichloromethylthio) phthalimide) in or on raw agricultural 
commodities as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Apple\1\...................................................          5.0
Cranberry\1\...............................................         15.0
Cucumber\1\................................................          2.0
Grape\1\...................................................         50.0
Grape, raisin\1\...........................................         80.0
Hop, dried cones\1\........................................        120.0
Lettuce\1\.................................................         50.0
Melon\1\...................................................          3.0
Onion, dry bulb\1\.........................................          2.0
Strawberry\1\..............................................          5.0
Tomato\1\..................................................         25.0
------------------------------------------------------------------------
\1\ No U.S. registrations.

* * * * *
    (c) Tolerances with regional registration. Tolerances with regional 
registrations as defined in Sec.  180.1(n), are established for 
residues of the fungicide folpet (N-(trichloromethylthio) phthalimide) 
in or on the following raw agricultural commodity:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Avocado....................................................         25.0
------------------------------------------------------------------------

* * * * *
    4. Section 180.205 is amended by revising the table in paragraph 
(a) to read as follows:


Sec.  180.205  Paraquat; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Acerola....................................................         0.05
Almond, hulls..............................................          0.5
Animal feed, nongrass, group 18, forage....................         75.0
Animal feed, nongrass, group 18, hay.......................        210.0
Artichoke, globe...........................................         0.05
Asparagus..................................................          0.5
Avocado....................................................         0.05
Banana.....................................................         0.05
Barley, grain..............................................         0.05
Barley, straw..............................................          1.0
Bean, dry, seed............................................          0.3
Bean, lima, succulent......................................         0.05
Bean, snap, succulent......................................         0.05
Beet, sugar................................................          0.5
Beet, sugar, tops..........................................         0.05
Cacao bean.................................................         0.05
Carrot, roots..............................................         0.05
Cattle, fat................................................         0.05
Cattle, kidney.............................................          0.5
Cattle, meat...............................................         0.05
Cattle, meat byproducts, except kidney.....................         0.05
Coffee, bean...............................................         0.05
Corn, field, forage........................................          3.0
Corn, field, grain.........................................          0.1
Corn, field, stover........................................         10.0
Corn, pop, grain...........................................          0.1
Corn, pop, stover..........................................         10.0
Corn, sweet, kernel plus cob with husks removed............         0.05
Cotton, undelinted seed....................................          0.5
Cowpea, forage.............................................          0.1
Cowpea, hay................................................          0.4
Cranberry..................................................         0.05
Cucurbits..................................................         0.05
Egg........................................................         0.01
Endive.....................................................         0.05
Fig........................................................         0.05
Fruit, citrus, group 10....................................         0.05
Fruit, pome, group 11......................................         0.05
Fruit, stone, group 12.....................................         0.05
Goat, fat..................................................         0.05
Goat, kidney...............................................          0.5
Goat, meat.................................................         0.05
Goat, meat byproducts, except kidney.......................         0.05
Grape......................................................         0.05
Grass, forage..............................................         90.0
Grass, hay.................................................         40.0
Guar.......................................................          0.5
Guava......................................................         0.05
Hog, fat...................................................         0.05
Hog, kidney................................................          0.5
Hog, meat..................................................         0.05
Hog, meat byproducts, except kidney........................         0.05
Hop, dried cones...........................................          0.5
Horse, fat.................................................         0.05
Horse, kidney..............................................          0.5
Horse, meat................................................         0.05
Horse, meat byproducts, except kidney......................         0.05
Kiwifruit..................................................         0.05
Lentil, seed...............................................          0.3
Lettuce....................................................         0.05
Milk.......................................................         0.01
Nut........................................................         0.05
Olive......................................................         0.05
Onion, dry bulb............................................         0.05
Onion, green...............................................         0.05
Papaya.....................................................         0.05
Passionfruit...............................................          0.2
Pea, dry, seed.............................................          0.3
Pea, field, hay............................................          0.8
Pea, field vines...........................................          0.2
Pea, succulent.............................................         0.05
Peanut.....................................................         0.05
Persimmon..................................................         0.05
Pineapple..................................................         0.05
Pineapple, process residue.................................         0.25
Pistachio..................................................         0.05
Potato.....................................................          0.5
Rhubarb....................................................         0.05
Rice, grain................................................         0.05
Rice, straw................................................         0.06
Safflower, seed............................................         0.05
Sheep, fat.................................................         0.05
Sheep, kidney..............................................          0.5
Sheep, meat................................................         0.05
Sheep, meat byproducts, except kidney......................         0.05
Sorghum, forage............................................          0.1
Sorghum, grain.............................................         0.05
Soybean....................................................         0.25
Soybean, forage............................................         0.03
Soybean, hay...............................................         0.05
Soybean, hulls.............................................          2.0
Strawberry.................................................         0.25
Sugarcane, cane............................................          0.5
Sugarcane, molasses........................................          3.0
Sunflower, seed............................................          2.0
Turnip, greens.............................................         0.05
Turnip, roots..............................................         0.05
Vegetable, brassica, leafy, group 5........................         0.05
Vegetable, fruiting, group 8...............................         0.05
Wheat, forage..............................................          0.5
Wheat, grain...............................................         0.05
Wheat, straw...............................................          1.0
------------------------------------------------------------------------

* * * * *


Sec.  180.225  [Amended]

    5. Section 180.225 is amended by removing the entry for ``pimento'' 
from the table in paragraph (a)(1).
    6. Section 180.226 is amended by revising paragraph (a)(1), the 
tables in paragraph (a)(2)(i) and (a)(3), and by removing paragraph 
(a)(6) to read as follows:


Sec.  180.226  Diquat; tolerances for residues.

    (a) General. (1) Tolerances are established for residues of the 
plant growth regulator and herbicide diquat, [6,7-dihydrodipyrido (1,2-
a:2',1'-c) pyrazinediium] derived from application of the dibromide 
salt and calculated as the cation in or on the following food 
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, seed..............................................          3.0
Cattle, fat................................................         0.05
Cattle, meat...............................................         0.05
Cattle, meat byproducts....................................         0.05
Egg........................................................         0.05
Goat, fat..................................................         0.05
Goat, meat.................................................         0.05
Goat, meat byproducts......................................         0.05
Hog, fat...................................................         0.05
Hog, meat..................................................         0.05
Hog, meat byproducts.......................................         0.05
Horse, fat.................................................         0.05
Horse, meat................................................         0.05
Horse, meat byproducts.....................................         0.05
Milk.......................................................         0.02
Potato.....................................................          0.1
Poultry, fat...............................................         0.05
Poultry, meat..............................................         0.05
Poultry, meat byproducts...................................         0.05

[[Page 47066]]

 
Sheep, fat.................................................         0.05
Sheep, meat................................................         0.05
Sheep, meat byproducts.....................................         0.05
Sorghum, grain, grain......................................          2.0
Soybean, seed..............................................          0.2
------------------------------------------------------------------------

    (2)(i) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Avocado....................................................          0.2
Cotton, undelinted seed....................................          0.2
Fish.......................................................          2.0
Fruit, citrus, group 10....................................         0.05
Fruit, pome, group 11......................................         0.02
Fruit, small and berry group...............................         0.05
Fruit, stone, group 12.....................................         0.02
Grain, cereal, forage, fodder and straw, group 16..........         0.02
Grain, cereal, group 15....................................         0.02
Grass, forage, fodder and hay, group 17....................          0.2
Hop, dried cones...........................................          0.2
Nut, tree, group 14........................................         0.02
Shellfish..................................................         20.0
Sugarcane, cane............................................          0.2
Vegetable, brassica, leafy, group 5........................         0.05
Vegetable, cucurbit, group 9...............................         0.02
Vegetable, foliage of legume, group 7......................          0.2
Vegetable, fruiting, group 8...............................         0.05
Vegetable, leafy, except brassica, group 4.................         0.05
Vegetable, root and tuber, group 1.........................         0.02
Vegetable, seed and pod....................................         0.05
------------------------------------------------------------------------

* * * * *
    (3) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Banana.....................................................         0.05
Coffee, bean...............................................         0.05
Soybean, hulls.............................................          0.6
------------------------------------------------------------------------

* * * * *
    7. Section 180.236 is revised to read as follows:


Sec.  180.236  Triphenyltin hydroxide; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the fungicide triphenyltin hydroxide (TPTH) and its monophenyltin 
(MPTH) and diphenyltin (DPTH) hydroxide and oxide metabolites, 
expressed in terms of parent TPTH, in/on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Beet, sugar, roots.........................................         0.05
Beet, sugar, tops..........................................         10.0
Cattle, fat................................................          0.2
Cattle, kidney.............................................          2.0
Cattle, liver..............................................          4.0
Cattle, meat...............................................          0.5
Goat, fat..................................................          0.2
Goat, kidney...............................................          2.0
Goat, liver................................................          4.0
Goat, meat.................................................          0.5
Hog, fat...................................................          0.3
Hog, meat..................................................         0.06
Hog, meat byproducts.......................................          0.3
Horse, fat.................................................          0.2
Horse, kidney..............................................          2.0
Horse, liver...............................................          4.0
Horse, meat................................................          0.5
Milk.......................................................         0.06
Pecan......................................................         0.05
Potato.....................................................         0.05
Sheep, fat.................................................          0.2
Sheep, kidney..............................................          2.0
Sheep, liver...............................................          4.0
Sheep, meat................................................          0.5
------------------------------------------------------------------------

    (b) Section 18 emergency exemptions. [Reserved]
    (c) Tolerances with regional registrations. [Reserved]
    (d) Indirect or inadvertent residues. [Reserved]
    8. Section 180.259 is amended by revising the table in paragraph 
(a) to read as follows:


Sec.  180.259  Propargite; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Almond.....................................................          0.1
Almond, hulls..............................................         55.0
Bean, dry, seed............................................          0.2
Cattle, fat................................................          0.1
Cattle, meat...............................................          0.1
Cattle, meat byproducts....................................          0.1
Citrus, oil................................................         30.0
Corn, field, forage........................................         10.0
Corn, field, grain.........................................          0.1
Corn, pop, grain...........................................          0.1
Corn, stover...............................................         10.0
Corn, sweet, forage........................................         10.0
Cotton, undelinted seed....................................          0.1
Egg........................................................          0.1
Goat, fat..................................................          0.1
Goat, meat.................................................          0.1
Goat, meat byproducts......................................          0.1
Grain, aspirated fractions.................................          0.4
Grapefruit.................................................          5.0
Grape......................................................         10.0
Hog, fat...................................................          0.1
Hog, meat..................................................          0.1
Hog, meat byproducts.......................................          0.1
Hop, dried cones...........................................         30.0
Horse, fat.................................................          0.1
Horse, meat................................................          0.1
Horse, meat byproducts.....................................          0.1
Lemon......................................................          5.0
Milk, fat (0.08 ppm in milk)...............................          2.0
Nectarine..................................................          4.0
Orange.....................................................         10.0
Peanut.....................................................          0.1
Peppermint, tops...........................................         50.0
Poultry, fat...............................................          0.1
Potato.....................................................          0.1
Sheep, fat.................................................          0.1
Sheep, meat................................................          0.1
Sheep, meat byproducts.....................................          0.1
Sorghum, grain.............................................          5.0
Sorghum, grain, forage.....................................         10.0
Sorghum, grain, stover.....................................         10.0
Spearmint, tops............................................         50.0
Tea, dried.................................................         10.0
Walnut.....................................................          0.1
------------------------------------------------------------------------

* * * * *
    9. Section 180.292 is amended by revising the tables in paragraphs 
(a)(1) and (2) and by removing the text from paragraph (d) and 
reserving the paragraph designation and heading to read as follows:


Sec.  180.292  Picloram; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, grain..............................................          0.5
Barley, straw..............................................          1.0
Cattle, fat................................................          0.2
Cattle, kidney.............................................          5.0
Cattle, liver..............................................          0.5
Cattle, meat...............................................          0.2
Cattle, meat byproducts, except kidney and liver...........          0.2
Egg........................................................         0.05
Goat, fat..................................................          0.2
Goat, kidney...............................................          5.0
Goat, liver................................................          0.5
Goat, meat.................................................          0.2
Goat, meat byproducts, except kidney and liver.............          0.2
Grain, aspirated fractions.................................          4.0
Grass, forage..............................................         80.0
Hog, fat...................................................          0.2
Hog, kidney................................................          5.0
Hog, liver.................................................          0.5
Hog, meat..................................................          0.2
Hog, meat byproducts, except kidney and liver..............          0.2
Horse, fat.................................................          0.2
Horse, kidney..............................................          5.0
Horse, liver...............................................          0.5
Horse, meat................................................          0.2
Horse, meat byproducts, except kidney and liver............          0.2
Milk.......................................................         0.05
Oat, forage................................................          1.0
Oat, grain.................................................          0.5
Oat, straw.................................................          1.0
Poultry, fat...............................................         0.05
Poultry, meat..............................................         0.05
Poultry, meat byproducts...................................         0.05
Sheep, fat.................................................          0.2
Sheep, kidney..............................................          5.0
Sheep, liver...............................................          0.5
Sheep, meat................................................          0.2
Sheep, meat byproducts, except kidney and liver............          0.2
Wheat, forage..............................................          1.0
Wheat, grain...............................................          0.5
Wheat, straw...............................................          1.0
------------------------------------------------------------------------

    (2) * * *

[[Page 47067]]



------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, pearled barley.....................................          3.0
Oat, groats/rolled oats....................................          3.0
Wheat, bran................................................          3.0
Wheat, germ................................................          3.0
Wheat, middlings...........................................          3.0
Wheat, shorts..............................................          3.0
------------------------------------------------------------------------

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]
    10. Section 180.324 is amended by revising the table in paragraph 
(a)(1) and by removing the text and table from paragraph (b) and 
reserving the paragraph designation and heading to read as follows:


Sec.  180.324  Bromoxynil; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................          0.1
Alfalfa, hay...............................................          0.5
Barley, grain..............................................         0.05
Barley, hay................................................          9.0
Barley, straw..............................................          4.0
Corn, field, forage........................................          0.3
Corn, field, grain.........................................         0.05
Corn, field, stover........................................          0.2
Corn, pop, grain...........................................         0.05
Corn, pop, stover..........................................          0.2
Flax, seed.................................................          0.1
Garlic.....................................................          0.1
Grain, aspirated fractions.................................          0.3
Grass, forage..............................................          3.0
Grass, hay.................................................          3.0
Oat, forage................................................          0.3
Oat, grain.................................................         0.05
Oat, hay...................................................          9.0
Oat, straw.................................................          4.0
Onion, dry bulb............................................          0.1
Peppermint, hay............................................          0.1
Rye, forage................................................          1.0
Rye, grain.................................................         0.05
Rye, straw.................................................          2.0
Sorghum, grain.............................................         0.05
Sorghum, grain, forage.....................................          0.5
Sorghum, grain, stover.....................................          0.2
Spearmint, hay.............................................          0.1
Wheat, forage..............................................          1.0
Wheat, grain...............................................         0.05
Wheat, hay.................................................          4.0
Wheat, straw...............................................          2.0
------------------------------------------------------------------------

* * * * *
    (b) Section 18 emergency exemptions. [Reserved]
* * * * *
    11. Section 180.362 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.362  Hexakis (2-methyl-2-phenylpropyl)distannoxane; 
tolerances for residues.

    (a) General. (1) Tolerances are established for residues of hexakis 
(2-methyl-2-phenylpropyl) distannoxane in or on the following raw 
agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Almond, hulls..............................................         80.0
Apple......................................................         15.0
Apple, wet pomace..........................................        100.0
Cherry, sweet..............................................          6.0
Cherry, tart...............................................          6.0
Citrus, dried pulp.........................................        100.0
Citrus, oil................................................        140.0
Cucumber...................................................          4.0
Eggplant...................................................          6.0
Fruit, citrus, group 10....................................         20.0
Grape......................................................          5.0
Grape, raisin..............................................         20.0
Nut, tree, group 14........................................          0.5
Papaya.....................................................          2.0
Peach......................................................         10.0
Pear.......................................................         15.0
Plum, prune, fresh.........................................          4.0
Plum, prune, dried.........................................         20.0
Strawberry.................................................         10.0
------------------------------------------------------------------------

    (2) Tolerances are established for the combined residues of hexakis 
(2-methyl-2-phenylpropyl) distannoxane and its organotin metabolites 
dihydroxybis(2-methyl-2- phenylpropyl)stannane, and 2-methyl-2-
phenylpropylstannoic acid in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................          0.5
Cattle, meat...............................................          0.5
Cattle, meat byproducts....................................          0.5
Egg........................................................          0.1
Goat, fat..................................................          0.5
Goat, meat.................................................          0.5
Goat, meat byproducts......................................          0.5
Hog, fat...................................................          0.5
Hog, meat..................................................          0.5
Hog, meat byproducts.......................................          0.5
Horse, fat.................................................          0.5
Horse, meat................................................          0.5
Horse, meat byproducts.....................................          0.5
Milk, fat..................................................          0.1
Poultry, fat...............................................          0.1
Poultry, meat..............................................          0.1
Poultry, meat byproducts...................................          0.1
Sheep, fat.................................................          0.5
Sheep, meat................................................          0.5
Sheep, meat byproducts.....................................          0.5
------------------------------------------------------------------------

* * * * *
    12. Section 180.370 is amended by revising the table in paragraph 
(a) to read as follows:


Sec.  180.370  5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole; 
tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, grain..............................................          0.1
Barley, hay................................................          0.1
Corn, field, forage........................................          0.1
Corn, field, grain.........................................          0.1
Corn, field, stover........................................          0.1
Corn, sweet, forage........................................          0.1
Corn, sweet, stover........................................          0.1
Cotton, gin byproducts.....................................          0.1
Cotton, undelinted seed....................................          0.1
Peanut.....................................................          0.1
Safflower, seed............................................          0.1
Sorghum, grain, forage.....................................          0.1
Sorghum, grain, grain......................................          0.1
Tomato\1\..................................................         0.15
Vegetable, foliage of legume, group 7......................          0.1
Vegetable, legume, group 6.................................          0.1
Wheat, forage..............................................          0.1
Wheat, grain...............................................          0.1
Wheat, straw...............................................          0.1
------------------------------------------------------------------------
\1\ No U.S. registrations since the mid-1980s.

* * * * *


Sec.  180.385  [Amended]

    13. Section 180.385 is amended by removing from the table in 
paragraph (a) the entries for ``lentil, seed'' and ``pea seeds (dry)''.
    14. Section 180.395 is amended by revising the table in paragraph 
(a) to read as follows:


Sec.  180.395  Hydramethylnon; tolerances for residues.

     * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Grass, forage..............................................          2.0
Grass, hay.................................................          2.0
Pineapple..................................................         0.05
------------------------------------------------------------------------

* * * * *
    15. Section 180.399 is amended by revising the tables in paragraph 
(a)(1) and (a)(2) to read as follows:


Sec.  180.399  Iprodione; tolerances for residues.

    (a) * * * (1) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Almond.....................................................          0.3
Almond, hulls..............................................          2.0
Apricot....................................................          0.2
Bean, dry, seed............................................          2.0
Bean, succulent............................................          2.0
Blueberry..................................................         15.0
Broccoli...................................................         25.0
Caneberry subgroup 13A.....................................         25.0
Carrot, roots..............................................          5.0
Cherry, sweet..............................................          0.2
Cherry, tart...............................................          0.2
Cotton, undelinted seed....................................          0.1
Currant....................................................         15.0
Garlic.....................................................          0.1
Ginseng, root..............................................          4.0
Grape......................................................         10.0
Grape, raisin..............................................         15.0
Kiwifruit..................................................         10.0
Lettuce....................................................         25.0

[[Page 47068]]

 
Nectarine..................................................          0.2
Onion, dry bulb............................................          0.5
Peach......................................................         0.05
Peanut.....................................................          0.5
Plum.......................................................          0.2
Plum, prune, fresh.........................................          0.2
Potato.....................................................          0.5
Rice, bran.................................................         30.0
Rice, grain................................................         10.0
Rice, hulls................................................         50.0
Rice, straw................................................         20.0
Strawberry.................................................          0.5
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................          0.5
Cattle, meat...............................................          0.5
Cattle, meat byproducts....................................          3.0
Egg........................................................          1.5
Goat, fat..................................................          0.5
Goat, meat.................................................          0.5
Goat, meat byproducts......................................          3.0
Hog, fat...................................................          0.5
Hog, meat..................................................          0.5
Hog, meat byproducts.......................................          3.0
Horse, fat.................................................          0.5
Horse, meat................................................          0.5
Horse, meat byproducts.....................................          3.0
Milk.......................................................          0.5
Poultry, fat...............................................          7.0
Poultry, meat..............................................          1.0
Poultry, meat byproducts...................................          7.0
Sheep, fat.................................................          0.5
Sheep, meat................................................          0.5
Sheep, meat byproducts.....................................          3.0
------------------------------------------------------------------------

* * * * *
    16. Section 180.417 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.417  Triclopyr; tolerances for residues.

    (a) General. (1) Tolerances for residues of the herbicide triclopyr 
per se, as a result of the application/use of butoxyethyl ester of 
triclopyr and triethyylamine salt of triclopyr, are established in or 
on the following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Egg........................................................         0.05
Fish.......................................................          3.0
Grass, forage..............................................        700.0
Grass, hay.................................................        200.0
Milk.......................................................         0.01
Poultry, fat...............................................          0.1
Poultry, meat..............................................          0.1
Poultry, meat byproducts, except kidney....................          0.1
Rice, grain................................................          0.3
Rice, straw................................................         10.0
Shellfish..................................................          3.5
------------------------------------------------------------------------

    (2) Tolerances for the combined residues of the herbicide triclopyr 
((3,5,6-trichloro-2-pyridinyl) oxy) acetic acid and its metabolite 
3,5,6-trichloro-2-pyridinol (TCP), as a result of the application/use 
of butoxyethyl ester of triclopyr or the triethylamine salt of 
triclopyr, are established in or on the following raw agricultural 
commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................         0.05
Cattle, kidney.............................................          0.5
Cattle, liver..............................................          0.5
Cattle, meat...............................................         0.05
Cattle, meat byproducts, except kidney and liver...........         0.05
Goat, fat..................................................         0.05
Goat, kidney...............................................          0.5
Goat, liver................................................          0.5
Goat, meat.................................................         0.05
Goat, meat byproducts, except kidney and liver.............         0.05
Hog, fat...................................................         0.05
Hog, kidney................................................          0.5
Hog, liver.................................................          0.5
Hog, meat..................................................         0.05
Hog, meat byproducts, except kidney and liver..............         0.05
Horse, fat.................................................         0.05
Horse, kidney..............................................          0.5
Horse, liver...............................................          0.5
Horse, meat................................................         0.05
Horse, meat byproducts, except kidney and liver............         0.05
Sheep, fat.................................................         0.05
Sheep, kidney..............................................          0.5
Sheep, liver...............................................          0.5
Sheep, meat................................................         0.05
Sheep, meat byproducts, except kidney and liver............         0.05
------------------------------------------------------------------------

* * * * *
[FR Doc. 04-17508 Filed 8-3-04; 8:45 am]
BILLING CODE 6560-50-S