[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56378-56383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8255]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0056; FRL-8093-5]


Bentazon, Carboxin, Dipropyl Isocinchomeronate, Oil of Lemongrass 
(Oil of Lemon) and Oil of Orange; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the fungicide carboxin, 
the insecticide dipropyl isocinchomeronate, and the fungicide/animal 
repellent oil of lemon (oil of lemongrass) and oil of orange. Also, EPA 
is modifying certain tolerances for the herbicide bentazon and the 
fungicide carboxin. In addition, EPA is establishing new tolerances for 
the herbicide bentazon.

DATES: This regulation is effective September 27, 2006. Objections and 
requests for hearings must be received on or before November 27, 2006, 
and must be filed in accordance with the

[[Page 56379]]

instructions provided in 40 CFR part 178 (see also Unit I.C. of the 
SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0056. All documents in the 
docket are listed in the index for the docket. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 
if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, 
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The Docket telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Monisha Dandridge, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0410; 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), e.g., agricultural workers; 
greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS 112), e.g., cattle ranchers and 
farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS 32532), e.g., agricultural 
workers; commercial applicators; farmers; greenhouse, nursery, and 
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal 
Register document through the electronic docket at http://www.regulations.gov, you may access this ``Federal Register'' document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr. You may also access a 
frequently updated electronic version of 40 CFR part 180 through the 
Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr.

C. Can I File an Objection or Hearing Request?

    Under section 408(g) of the FFDCA, as amended by the Food Quality 
Protection Act (FQPA), any person may file an objection to any aspect 
of this regulation and may also request a hearing on those objections. 
The EPA procedural regulations which govern the submission of 
objections and requests for hearings appear in 40 CFR part 178. You 
must file your objection or request a hearing on this regulation in 
accordance with the instructions provided in 40 CFR part 178. To ensure 
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2006-0056 in the subject line on the first page of your submission. All 
requests must be in writing, and must be mailed or delivered to the 
Hearing Clerk on or before November 27, 2006.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2006-0056, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of July 14, 2006 (71 FR 40051) (FRL-8075-
4), EPA issued a proposed rule to revoke, modify, and establish certain 
tolerances and tolerance exemptions for residues of the herbicide 
bentazon, the fungicide carboxin, the insecticide dipropyl 
isocinchomeronate, and the fungicide/animal repellent oil of lemon (oil 
of lemongrass), and oil of orange. Also, the proposal of July 14, 2006 
(71 FR 40051) provided a 60-day comment period which invited public 
comment for consideration and for support of tolerance retention under 
the Federal Food, Drug, and Cosmetic Act (FFDCA) standards.
    EPA is revoking, modifying, and establishing specific tolerances 
for residues of the herbicide bentazon, the fungicide carboxin, the 
insecticide dipropyl isocinchomeronate, and the fungicide/animal 
repellent oil of lemon (oil of lemongrass) and oil of orange in or on 
commodities listed in the regulatory text.
    EPA is finalizing these tolerance actions in order to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of the reregistration and when taking 
action on tolerances and exemptions, EPA is required to determine 
whether each of the amended tolerances or exemptions meets the safety 
standards under the FQPA. The safety finding determination of 
``reasonable certainty of no harm'' is found in detail in each 
Reregistration Eligibility Decision (RED) and Report on FQPA Tolerance 
Reassessment Progress and Interim Risk Management Decision (TRED) for 
the active ingredient. REDs and TREDs recommend certain tolerance 
actions to be implemented to reflect current use patterns, to meet 
safety findings and change commodity

[[Page 56380]]

names and groupings in accordance with new EPA policy. Printed copies 
of 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.
    In this final rule, EPA is revoking certain tolerances and 
tolerance exemptions because these specific tolerances and exemptions 
correspond to uses no longer current or registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the United 
States. The tolerances revoked by this final rule are no longer 
necessary to cover residues of the relevant pesticides in or on 
domestically treated commodities or commodities treated outside but 
imported into the United States. It is EPA's general practice to revoke 
those tolerances and tolerance exemptions for residues of pesticide 
active ingredients on crop uses for which there are no active 
registrations under FIFRA, unless any person in comments on the 
proposal indicates a need for the tolerance or tolerance exemption to 
cover residues in or on imported commodities or domestic commodities 
legally treated.
    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. Thus, it 
is EPA's policy to issue a final rule revoking those tolerances for 
residues of pesticide chemicals for which there are no active 
registrations under FIFRA, unless any person commenting on the proposal 
demonstrates a need for the tolerance to cover residues in or on 
imported commodities or domestic commodities legally treated.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in Unit II.A. if one of the following 
conditions applies:
    1. Prior to EPA's issuance of a section 408(f) order requesting 
additional data or issuance of a section 408(d) or (e) order revoking 
the tolerances on other grounds, commenters retract the comment 
identifying a need for the tolerance to be retained.
    2. EPA independently verifies that the tolerance is no longer 
needed.
    3. The tolerance is not supported by data that demonstrate that the 
tolerance meets the requirements under FQPA.
    This final rule does not revoke those tolerances for which EPA 
received comments stating a need for the tolerance to be retained. In 
response to the proposal published in the Federal Register of July 14, 
2006 (71 FR 40051). EPA received no comments during the 60-day public 
comment period.
    1. Bentazon. The available residue data for bentazon indicate that 
the established tolerances for cowpea, forage; pea, dry, seed; pea, 
field, hay; soybean, forage; and soybean, hay should be increased to 
account for increased residue levels. Therefore, EPA is increasing 
tolerances in 40 CFR 180.355(a)(1) for the residues of bentazon in or 
on cowpea, forage from 3.0 to 10.0 parts per million (ppm); pea, dry, 
seed from 0.05 to 1.0 ppm; pea, field, hay from 3.0 to 8.0; soybean, 
forage from 3.0 to 8.0 ppm and soybean, hay from 0.3 to 8.0 ppm. The 
Agency has determined that the increased tolerances are safe; i.e., 
there is a reasonable certainty that no harm will result from aggregate 
exposure to the pesticide chemical residue.
    The Agency determined that the tolerance on pepper, nonbell should 
be decreased to 0.05 ppm, which is the limit of detection for bentazon 
residues of concern. Therefore, the Agency is decreasing the tolerances 
in 40 CFR 180.355(a)(1) for the combined residues of bentazon and its 
metabolites in or on pepper, nonbell to 0.05 ppm.
    The processing data on rice indicate the residues concentrate in 
hulls. Therefore, EPA is establishing a tolerance in 40 CFR 
180.355(a)(1) for the combined residues of bentazon and its metabolites 
in or on rice, hulls at 0.25 ppm.
    In order to conform to current Agency policy on commodity 
terminology, EPA is modifying the tolerance in 40 CFR 180.355(a)(1), 
for residues of bentazon in or on mint to peppermint, tops and 
spearmint, tops and maintaining the tolerance level at 1.0 ppm.
    2. Carboxin. According to the TRED, the current tolerance 
expression, ``combined residues of the fungicide carboxin (5,6-dihydro-
2-methyl-1,4-oxathiin-3-carboxanilide) and its metabolite 5,6-dihydro-
3-carboxanilide-2-methyl-1,4-oxathiin-4-oxide (calculated as carboxin) 
(from treatment of seed prior to planting) in or on raw agricultural 
commodities as follows:'' in 40 CFR 180.301(a) should be modified. The 
residue chemistry data indicate that as crops mature, insoluble anilide 
complexes as well as polar metabolites increase. These complexes of 
carboxin or carboxin derivatives with macromolecules such as lignin are 
insoluble in water and organic solvents and liberate aniline upon 
hydrolysis. Further, analytical methods for detection of carboxin 
regulated residues produce aniline (convert carboxin and carboxin 
derived metabolite to aniline), which is determined either 
spectrophotometrically or by gas-liquid chromatography (GLC). 
Therefore, the residues of concern are carboxin, carboxin sulfoxide, 
and insoluble anilide complexes. Consequently, EPA is revising the 
tolerance expression in 40 CFR 180.301(a) to read as follows: ``(a) 
General. Tolerances are established for the combined residues of the 
fungicide carboxin (5,6-dihydro-2-methyl-1,4-oxathiin-3-carboxanilide) 
and its metabolites determined as aniline and expressed as parent 
compound, in or on food commodities as follows:''
    Because bean forage, hay, and straw are no longer considered 
significant livestock feed stuffs and have been deleted from Table 
OPPTS 860.1000 (available at http://www.epa.gov/opptsfrs/OPPTS_Harmonized/ 860--Residue--Chemistry--Test--
Guidelines/Series): the tolerances are no longer needed. 
Therefore, EPA is revoking the tolerances in 40 CFR 180.301(a) on bean, 
forage; bean, hay; and bean, straw.
    Carboxin has had no active registrations for uses on sorghum over a 
period of many years. Therefore, EPA is revoking the tolerances in 40 
CFR 180.301(a) for residues of carboxin in or on sorghum that are no 
longer needed; EPA is revoking the tolerances in 40 CFR 180.301(a) for 
sorghum, forage; sorghum, grain; and sorghum, grain, stover.
    Based on the ruminant feeding study, the lack of residues detected 
on the poultry feedstuff produced from treated seeds, and the use of 
carboxin only as a fungicide on seeds indicating there is no propensity 
for residues to accumulate in animal tissues, the tolerance should be 
established at the level of quantitation of the analytical method of 
0.05 ppm rather than the current tolerance level of 0.01 ppm. 
Therefore, EPA is increasing the tolerances in 40 CFR 180.301(a) for 
combined residues of carboxin and its metabolites in or on egg from 
0.01 to 0.05 ppm. The Agency has determined that the increased 
tolerances are safe; i.e., there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue.

[[Page 56381]]

    Based on \14\C-radiolabeled dairy cattle feeding data at an 
exaggerated 1.15x feeding level, milk showed combined carboxin residues 
of concern. The \14\C-radiolabeled feeding study had a lower limit of 
quantitation (LOQ) than the enforcement method and therefore the 
tolerance should be established at the LOQ of the enforcement 
analytical method (0.05 ppm). Therefore, EPA is increasing the 
tolerance in 40 CFR 180.301(a) for combined residues of carboxin and 
its metabolites in or on ``milk'' from 0.01 to 0.05 ppm. The Agency has 
determined that the increased tolerances are safe; i.e., there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue.
    A dairy cattle feeding study conducted at an exaggerated (1.15x) 
feeding level, shows combined carboxin regulated residues were as low 
as 0.023 and 0.007 ppm in meat and fat. Therefore, EPA is decreasing 
the tolerances in 40 CFR 180.301(a) for residues of carboxin in or on 
cattle, fat; cattle, meat; goat, fat; goat, meat; hog, fat; hog, meat; 
horse, fat; horse, meat; sheep, fat; and sheep, meat from 0.1 to 0.05 
ppm, respectively.
    In order to conform to current Agency practice, EPA is revising the 
commodity terminology in 40 CFR 180.301(a), for residues of carboxin in 
or on corn, stover to read corn, field, stover; corn, pop, stover and 
corn, sweet, stover; corn, forage to corn, field, forage; and, corn, 
sweet, forage; corn, fresh, including sweet corn, kernel plus cob with 
husks removed to read corn, sweet, kernel plus cob with husks removed; 
corn, grain to corn, field, grain and corn, pop, grain; oat, seed to 
read oat, grain; rice to rice, grain; and soybean to read soybean, 
seed.
    3. Dipropyl isocinchomeronate (MGK 326). There have been no active 
registrations for uses associated with livestock or milk commodities 
since 1996, such that these tolerances are no longer needed, and 
therefore EPA is revoking the commodity tolerances in 40 CFR 180.143(a) 
for residues of dipropyl isocinchomeronate in or on cattle, fat; 
cattle, meat; cattle, meat byproducts; goat, fat; goat, meat; goat, 
meat byproducts; hog, fat; hog, meat; hog, meat byproducts; horse, fat; 
horse, meat; horse, meat byproducts; milk; sheep, fat; sheep, meat; 
and, sheep, meat byproducts.
    4. Oil of lemongrass (oil of lemon) and oil of orange. Oil of lemon 
is not a registered pesticide active ingredient nor has it ever been an 
active ingredient in any pesticide product. However, the Agency has 
determined that the exemptions from the requirement of a tolerance 
under 40 CFR 180.1238 apply to oil of lemongrass, which is a registered 
active ingredient included in the 1993 RED entitled Flower and 
Vegetable Oils. Oil of lemongrass and oil of lemon are distinct and not 
synonyms. There have been no active food-use registrations within the 
past 10 years which contain either oil of lemongrass or oil of orange 
as pesticide active ingredients. Therefore, EPA is revoking the 
tolerance exemptions on raw agricultural commodities in 40 CFR 180.1238 
and 180.1239 for oil of lemon (oil of lemongrass) and oil of orange, 
respectively, when used as a postharvest fungicide.

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

    EPA may issue a regulation establishing, modifying, or revoking a 
tolerance under FFDCA section 408(e). In this final rule, EPA is 
establishing, modifying, and revoking tolerances to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes, and as follow-up on canceled uses of 
pesticides. As part of these processes, EPA is required to determine 
whether each of the amended tolerances meets the safety standards under 
the FQPA. The safety finding determination is found in detail in each 
RED and TRED for the active ingredient. REDs and TREDs recommend the 
implementation of certain tolerance actions, including modifications to 
reflect current use patterns, to meet safety findings, and change 
commodity names and groupings in accordance with new EPA policy. 
Printed and electronic copies of the REDs and TREDs are available as 
provided in Unit II.A.
    EPA has issued a post-FQPA RED for carboxin and dipropyl 
isocinchomeronate (MGK 326), and a pre-FQPA RED for bentazon, whose 
tolerances were reassessed post-FQPA as part of the Agency's 
determination on March 8, 2000 (65 FR 12122) (FRL-6492-7) to establish 
new bentazon uses and therefore a TRED to reassess its tolerances was 
not needed. Also, EPA has issued a TRED for oil of lemongrass (oil of 
lemon) and oil of orange, as these active ingredients were part of the 
Flower and Vegetable Oils pre-FQPA RED. REDs and TREDs contain the 
Agency's evaluation of the data base for these pesticides, including 
statements regarding additional data on the active ingredients that may 
be needed to confirm the potential human health and environmental risk 
assessments associated with current product uses, and REDs state 
conditions under which these uses and products will be eligible for 
reregistration. The REDs and TREDs recommended the establishment, 
modification, and/or revocation of specific tolerances. RED and TRED 
recommendations such as establishing or modifying tolerances, and in 
some cases revoking tolerances, are the result of assessment under the 
FQPA standard of ``reasonable certainty of no harm.'' However, 
tolerance revocations recommended in REDs and TREDs that are made final 
in this document are considered reassessed by the determination that 
the tolerances are no longer necessary.
    EPA's general practice is to revoke tolerances for residues of 
pesticide active ingredients on crops for which FIFRA registrations no 
longer exist and on which the pesticide may therefore no longer be used 
in the United States. EPA has historically been concerned that 
retention of tolerances that are not necessary to cover residues in or 
on legally treated foods may encourage misuse of pesticides within the 
United States. Nonetheless, EPA will establish and maintain tolerances 
even when corresponding domestic uses are canceled if the tolerances, 
which EPA refers to as ``import tolerances,'' are necessary to allow 
importation into the United States of food containing such pesticide 
residues. However, where there are no imported commodities that require 
these import tolerances, the Agency believes it is appropriate to 
revoke tolerances for unregistered pesticides in order to prevent 
potential misuse.
    When EPA establishes tolerances for pesticide residues in or on raw 
agricultural commodities, the Agency gives consideration to possible 
pesticide residues in meat, milk, poultry, and/or eggs produced by 
animals that are fed agricultural products (for example, grain or hay) 
containing pesticides residues (40 CFR 180.6). If there is no 
reasonable expectation of finite pesticide residues in or on meat, 
milk, poultry, or eggs, then tolerances do not need to be established 
for these commodities (40 CFR 180.6(b) and 180.6 (c)).

C. When Do These Actions Become Effective?

    These actions become effective on the date of publication of this 
final rule in the Federal Register because their associated uses have 
been canceled for several years. The Agency believes that treated 
commodities have had sufficient time for passage through the channels 
of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to

[[Page 56382]]

this final rule, and that are in the channels of trade following the 
tolerance revocations, shall be subject to FFDCA section 408(1)(5), as 
established by the 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, and (2) the residue does not exceed the level that 
was authorized at the time of the application or use to be present on 
the food under a tolerance or exemption from tolerance. Evidence to 
show that food was lawfully treated may include records that verify the 
dates that the pesticide was applied to such food.

III. Are There Any International Trade Issues Raised By This Final 
Action?

    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. When possible, EPA seeks 
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a 
tolerance that is different from a Codex MRL; however, FFDCA section 
408(b)(4) requires that EPA explain in a Federal Register document the 
reasons for departing from the Codex level. EPA's effort to harmonize 
with Codex MRLs is summarized in the tolerance reassessment section of 
individual REDs. The U.S. 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 and Regulations,'' 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 final rule EPA establishes tolerances under FFDCA section 
408(e), and also modifies and revokes specific tolerances established 
under FFDCA section 408. The Office of Management and Budget (OMB) has 
exempted these types of actions (i.e., establishment and modification 
of a tolerance and tolerance revocation for which extraordinary 
circumstances do not exist) from review under Executive Order 12866, 
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). 
Because this rule has been exempted from review under Executive Order 
12866 due to its lack of significance, this rule is not subject to 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001). This final rule does not contain any information 
collections subject to OMB approval under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or 
contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations as required by Executive 
Order 12898, entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994); or OMB review or any other Agency action under 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-13, section 12(d) (15 U.S.C. 272 
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
et seq.), the Agency previously assessed whether establishment of 
tolerances, exemptions from tolerances, raising of tolerance levels, 
expansion of exemptions, or revocations might significantly impact a 
substantial number of small entities and concluded that, as a general 
matter, these actions do not impose a significant economic impact on a 
substantial number of small entities. These analyses for tolerance 
establishments and modifications, and for tolerance revocations were 
published on May 4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR 
66020), respectively, and were provided to the Chief Counsel for 
Advocacy of the Small Business Administration. Taking into account this 
analysis, and available information concerning the pesticides listed in 
this rule, the Agency hereby certifies that this final rule will not 
have a significant economic impact on a substantial number of small 
entities. In a memorandum dated May 25, 2001, EPA determined that eight 
conditions must all be satisfied in order for an import tolerance or 
tolerance exemption revocation to adversely affect a significant number 
of small entity importers, and that there is a negligible joint 
probability of all eight conditions holding simultaneously with respect 
to any particular revocation (this Agency document is available in the 
docket of this final rule). Furthermore, for the pesticides named in 
this final rule, the Agency knows of no extraordinary circumstances 
that exist as to the present revocations that would change EPA's 
previous analysis. In addition, the Agency has determined that this 
action will not have a substantial direct effect on States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132, entitled Federalism 
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This final rule directly regulates growers, food 
processors, food handlers and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has 
determined that this rule does not have any ``tribal implications'' as 
described in Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000). Executive Order 13175, requires EPA to develop an accountable 
process to ensure [l]dquo;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

[[Page 56383]]

that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.'' This rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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


    Dated: September 20, 2006.
James Jones,
Director, Office of Pesticide Programs.

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Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

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

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


Sec.  180.143  [Removed]

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2. Section 180.143 is removed.

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3. Section 180.301 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.301  Carboxin; tolerances for residues.

    (a) General. Tolerances are established for the combined residues 
of the fungicide carboxin (5,6-dihydro-2-methyl-1,4-oxathiin-3-
carboxanilide) and its metabolites determined as aniline and expressed 
as parent compound, in or on food commodities as follows:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, grain..............................................          0.2
Barley, straw..............................................          0.2
Bean, dry, seed............................................          0.2
Bean, succulent............................................          0.2
Canola, seed...............................................         0.03
Cattle, fat................................................         0.05
Cattle, meat byproducts....................................          0.1
Cattle, meat...............................................         0.05
Corn, field, forage........................................          0.2
Corn, field, grain.........................................          0.2
Corn, field, stover........................................          0.2
Corn, pop, grain...........................................          0.2
Corn, pop, stover..........................................          0.2
Corn, sweet, forage........................................          0.2
Corn, sweet, kernel plus cob with husks removed............          0.2
Corn, sweet, stover........................................          0.2
Cotton, undelinted seed....................................          0.2
Egg........................................................         0.05
Goat, fat..................................................         0.05
Goat, meat byproducts......................................          0.1
Goat, meat.................................................         0.05
Hog, fat...................................................         0.05
Hog, meat byproducts.......................................          0.1
Hog, meat..................................................         0.05
Horse, fat.................................................         0.05
Horse, meat byproducts.....................................          0.1
Horse, meat................................................         0.05
Milk.......................................................         0.05
Oat, forage................................................          0.5
Oat, grain.................................................          0.2
Oat, straw.................................................          0.2
Onion, bulb................................................          0.2
Peanut.....................................................          0.2
Peanut, hay................................................          0.2
Poultry, fat...............................................          0.1
Poultry, meat byproducts...................................          0.1
Poultry, meat..............................................          0.1
Rice, grain................................................          0.2
Rice, straw................................................          0.2
Safflower, seed............................................          0.2
Sheep, fat.................................................         0.05
Sheep, meat byproducts.....................................          0.1
Sheep, meat................................................         0.05
Soybean, seed..............................................          0.2
Wheat, forage..............................................          0.5
Wheat, grain...............................................          0.2
Wheat, straw...............................................          0.2
------------------------------------------------------------------------

* * * * *

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4. Section 180.355 is amended by revising the table in paragraph (a)(1) 
to read as follows:


Sec.  180.355  Bentazon; tolerances for residues.

    (a) General. (1) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Bean, dry, seed............................................         0.05
Bean, succulent............................................          0.5
Corn, field, forage........................................          3.0
Corn, field, grain.........................................         0.05
Corn, field, stover........................................          3.0
Corn, pop, grain...........................................         0.05
Corn, sweet, kernel plus cob with husks removed............         0.05
Cowpea, forage.............................................         10.0
Cowpea, hay................................................          3.0
Flax, seed.................................................          1.0
Pea, dry, seed.............................................          1.0
Pea, field, hay............................................          8.0
Pea, field, vines..........................................          3.0
Pea, succulent.............................................          3.0
Peanut.....................................................         0.05
Peanut, hay................................................          3.0
Pepper, nonbell............................................         0.05
Peppermint, tops...........................................          1.0
Rice, grain................................................         0.05
Rice, hulls................................................         0.25
Rice, straw................................................          3.0
Sorghum, forage............................................         0.20
Sorghum, grain.............................................         0.05
Sorghum, grain, stover.....................................         0.05
Soybean, forage............................................          8.0
Soybean, hay...............................................          8.0
Soybean, seed..............................................         0.05
Spearmint, tops............................................          1.0
------------------------------------------------------------------------

* * * * *


Sec. Sec.  180.1238 and 180.1239  [Removed]

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5. Section 180.1238 and 180.1239 are removed.

[FR Doc. 06-8255 Filed 9-26-06; 8:45 am]
BILLING CODE 6560-50-S