[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56392-56399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15840]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0036; FRL-8089-6]


p-Chlorophenoxyacetic acid, Glyphosate, Difenzoquat, and 
Hexazinone; Tolerance Actions

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

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SUMMARY:  EPA is revoking certain tolerances for the plant growth 
regulator p-chlorophenoxyacetic acid and the herbicide hexazinone. 
Also, EPA is modifying certain tolerances for the plant growth 
regulator p-chlorophenoxyacetic acid and the herbicides glyphosate, 
difenzoquat, and hexazinone. In addition, EPA is establishing new 
tolerances for the herbicides difenzoquat and hexazinone.

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 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-2006-0036. 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

[[Page 56393]]

Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available in the 
electronic docket at http://www.regulations.gov, or, if only available 
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The 
Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket Facility telephone number 
is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT:  Jane Smith, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111), e.g., agricultural 
workers; greenhouse, nursery, and floriculture workers; farmers.
     Animal production (NAICS code 112), e.g., cattle ranchers 
and farmers, dairy cattle farmers, livestock farmers.
     Food manufacturing (NAICS code 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
     Pesticide manufacturing (NAICS code 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 FFDCA, as amended by 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-2006-0036 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-2006-0036, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket Facility telephone number is (703) 305-5805.

II. Background

A. What Action is the Agency Taking?

    In the Federal Register of June 7, 2006 (71 FR 32899) (FRL-8062-7), 
EPA issued a proposed rule to revoke, remove, modify, and establish 
certain tolerances and/or tolerance exemptions for residues of the 
plant growth regulator p-chlorophenoxyacetic acid and the herbicides 
glyphosate, difenzoquat, and hexazinone. The proposal of June 7, 2006 
also provided a 60-day comment period which invited public comment for 
consideration and for support of tolerance retention under FFDCA 
standards.
     EPA is revoking, removing, modifying, and establishing specific 
tolerances for residues of the plant growth regulator p-
chlorophenoxyacetic acid and the herbicides glyphosate, difenzoquat, 
and hexazinone 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 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 FQPA. The safety finding determination of ``reasonable certainty 
of no harm'' is found in detail in each RED and 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 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 number: 1-800-490-
9198; fax number: 1-513-489-8695; Internet address: http://www.epa.gov/ncepihom and from the National Technical Information Service (NTIS), 
5285 Port Royal Rd., Springfield, VA 22161; telephone number: 1-800-
553-6847 or (703) 605-6000; Internet address: http://www.ntis.gov. 
Electronic copies of REDs and TREDs are available on the internet at 
http://www.epa.gov/pesticides/reregistration/status.htm.

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    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 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:
    -- Prior to EPA's issuance of a FFDCA section 408(f) order 
requesting additional data or issuance of a FFDCA section 408(d) or (e) 
order revoking the tolerances on other grounds, commenters retract the 
comment identifying a need for the tolerance to be retained.
    -- EPA independently verifies that the tolerance is no longer 
needed.
    -- 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 June 7, 
2006, EPA received three comments during the 60-day public comment 
period, as follows:
     Comment. A comment was received from a private citizen 
that expressed concern with pesticide residues in general and that 
animals should eat quality foods. The individual stated that pesticide 
residue levels should be zero.
      Agency response. The private citizen's comment did not 
take issue with the Agency's conclusion that certain tolerances should 
be revoked. It is EPA's general practice to propose revocation of 
tolerances for residues of pesticide active ingredients on crop uses 
for which FIFRA registrations no longer exist. 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.
    1. Hexazinone.
      Comment. A comment was received from DuPont Crop 
Protection who requested that the current regional tolerances on 
sugarcane, cane and sugarcane molasses in 40 CFR 180.396(c), which 
excludes use of hexazinone on sugarcane in Florida, be codified as 
general tolerances. The commenter stated that two of DuPont Crop 
Protection's registrations for use of hexazinone on sugarcane in 
Florida are currently active.
    Also, the commenter requested that EPA not revoke the tolerances in 
40 CFR 180.396 for fat of cattle, goats, hogs, horses, and sheep, and 
meat and meat byproducts of hogs because later this year it will submit 
grass residue data to support a revised zero-day forage/grazing 
restriction (current labels show a 60-day restriction which is not 
considered to be practical by the Agency). The commenter stated that it 
expects increased residues warranting a revision of existing tolerances 
for both grass and hay as livestock feed commodities.
    In addition, the commenter stated that an analysis on current 
hexazinone registrations for use on cattle feed commodities conducted 
by the Florida Department of Agriculture and Consumer Services in 2005 
may show that tolerances for hexazinone on meat, meat byproducts, and 
in milk may be exceeded based on a maximum theoretical dietary burden.
     Agency response. Since the time of the 2002 hexazinone 
TRED, EPA agrees that the Agency did approve two registrations 
submitted by DuPont Crop Protection for use of hexazinone on sugarcane 
in Florida. Based on these registrations, EPA believes that since there 
are no regional sugarcane registrations that specifically exclude 
hexazinone use in Florida; therefore, these tolerances need not be 
codified as regional. Since this regulatory action was not in the 
original Federal Register proposal, recodifying the sugarcane, cane and 
sugarcane molasses tolerances from 40 CFR 180.396(c) to (a) as general 
tolerances will need to be proposed separately in a future action. 
Moreover, in its comment, DuPont Crop Protection did not take issue 
with the Agency's proposal to modify the sugarcane tolerances. 
Available data indicate combined residues of hexazinone and its 
regulated metabolites were <0.35 parts per million (ppm) in or on 
sugarcane. Based on the combined LOQs (0.55 ppm) of the enforcement 
method for parent plus metabolites, the Agency determined that the 
tolerance for sugarcane, cane should be increased to 0.6 ppm. Also, 
based on available sugarcane processing data, the Agency determined 
that residues of hexazinone and its metabolites concentrated 32-fold to 
final (blackstrap) molasses, the form of molasses typically fed to 
livestock. After adjusting for the 2.0x degree of exaggeration used in 
the processing study, the Agency determined that while the calculated 
residue was greater than the recommended tolerance for the raw 
agricultural commodity (sugarcane, cane), it was below the current 
tolerance level for sugarcane molasses and should be decreased to 4.0 
ppm. Therefore, in 40 CFR 180.396(c) EPA is increasing the tolerance 
for combined hexazinone residues of concern in or on sugarcane, cane 
from 0.2 to 0.6 ppm and decreasing the tolerance in or on sugarcane 
molasses from 5.0 to 4.0 ppm, and revising sugarcane molasses to 
sugarcane, molasses. The Agency determined that the increased tolerance 
is safe; i.e., there is a reasonable certainty that no harm will result 
from aggregate exposure to the pesticide chemical residue.
    When EPA proposed to revoke the tolerances in 40 CFR 180.396 for 
fat of cattle, goats, hogs, horses, and sheep, and meat and meat 
byproducts of hogs, it did so based on available exaggerated feeding 
data from which the Agency determined that there is no reasonable 
expectation of finite hexazinone residues of concern in livestock from 
treated feed. However, because DuPont Crop Protection will submit new 
data later this year and information from the State of Florida may need 
to be considered by the Agency, EPA will not revoke these specific fat, 
meat, and meat byproduct tolerances at this time. When the information 
from the State of Florida and submitted data from DuPont Crop 
Protection have been reviewed, EPA will re-evaluate these tolerances 
under FFDCA. If data are not submitted in the near future or if data 
adequate to support a safety finding are lacking, EPA intends to revoke 
the tolerances on

[[Page 56395]]

cattle, fat; sheep, fat; hog, meat; and hog, meat byproducts in 40 CFR 
180.396.
     The TRED mentions the need for additional method validation of 
Method AMR 3783-6 for determining hexazinone (parent and metabolite) 
levels in milk and livestock tissues. The method has undergone 
successful independent validation and radiovalidation studies. 
Additional validation by EPA laboratories is not required. The method 
is considered adequate for enforcement purposes for residues of 
hexazinone (and metabolites) in milk and livestock tissues.
    According to the TRED, the tolerance expression, which is currently 
expressed as hexazinone and its metabolites (calculated as hexazinone) 
in 40 CFR 180.396(a) for plant, animal, and milk commodities for 
general tolerances should be modified to include all the specific 
metabolites in plants, animal tissue and milk. Consequently, EPA is 
separating and recodifying plant, animal, and milk tolerances from 40 
CFR 180.396(a) to (a)(1), (a)(2), and (a)(3), respectively. In the 
Federal Register proposal of June 7, 2006, the C-1 metabolite was 
inadvertently included in 40 CFR 180.396(a)(3).
    After correction of the exaggerated feeding dose (62.5x) for 
cattle, goats, horses, and sheep, the Agency determined that residue 
levels of hexazinone and its metabolites ranged as high as 0.09 ppm 
(just below the sum of the LOQs or 0.1 ppm), and therefore meat and 
meat byproduct tolerances should be maintained in newly recodified 40 
CFR 180.396(a)(2) at 0.1 ppm for cattle, goats, horses, and sheep.
    In addition, after correction of the exaggerated feeding dose 
(62.5x) for cattle, the Agency determined that residue levels of 
hexazinone and its metabolites in whole milk ranged as high as 0.164 
ppm. Based on the enforcement method, the sum of the combined LOQs for 
hexazinone and its metabolites, EPA is increasing the tolerance in the 
newly recodified 40 CFR 180.396(a)(3) for the combined hexazinone 
residues of concern in or on milk from 0.1 to 0.2 ppm. The Agency 
determined that the increased tolerance is safe; i.e., there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue.
    Available data indicate combined residues of hexazinone and its 
regulated metabolites were <0.3 ppm in or on blueberries and <0.35 ppm 
in or on pineapples. Based on the combined LOQs (0.55 ppm) of the 
enforcement method for parent plus metabolites, EPA is increasing the 
tolerances in newly recodified 40 CFR 180.396(a)(1) for combined 
hexazinone residues of concern in or on blueberry from 0.2 to 0.6 ppm 
and pineapple (whole fruit) from 0.5 to 0.6 ppm, and revising pineapple 
(whole fruit) to pineapple. The Agency determined that the increased 
tolerance is safe; i.e., there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue.
    Based on available data that indicate combined residues of 
hexazinone and its regulated metabolites as high as 1.46 ppm in or on 
alfalfa seed, the Agency determined that a tolerance should be 
established at 2.0 ppm. Therefore, EPA is establishing a tolerance in 
newly recodified 40 CFR 180.396(a)(1) for combined hexazinone residues 
of concern in or on alfalfa, seed at 2.0 ppm.
    In addition, EPA is revising commodity terminology in 40 CFR 
180.396(a) to conform to current Agency practice as follows: alfalfa 
green forage to alfalfa, forage; grass, range and grass, pasture to 
grass, forage, and grass, hay.
    2. Glyphosate.
     Comment. A comment was received from Monsanto Company 
generally agreeing with the proposed tolerance changes to glyphosate in 
40 CFR 180.364. Monsanto also wanted to alert the Agency of the recent 
changes in the CODEX Maximum Residue Limits (MRLs) for glyphosate 
finalized by the CODEX Alimentarious Commission in July of 2006. 
Monsanto provided a detailed list of suggested changes to the U.S. 
tolerance regulation for glyphosate (concerning cereal, grains, cotton 
seed, meat byproducts, kiwifruit, and rapeseed) to achieve better 
alignment with the newly established CODEX MRLs. Monsanto did note two 
modifications that should be made in 40 CFR 180.364:
    --To alphabetize the commodity cacao beans.
    --Add the term ``except corn forage'' to the Crop group 16 forage, 
fodder, and straw tolerance to eliminate a conflict with the individual 
tolerance for ``corn, field, forage''.
     Agency response. The Agency appreciates the support of 
Monsanto and the alert concerning the changes in the CODEX MRLs. Since 
the CODEX MRLs were adopted during the comment period of the proposal, 
any tolerance modifications made in attempt to harmonize with CODEX 
will need to be proposed separately for comment. The Agency will 
address the CODEX harmonization in a future proposal and consider 
Monsanto's detailed recommendations for CODEX harmonization of 
tolerances for glyphosate at that time. Consequently, the Agency is not 
taking action on the tolerances in 40 CFR 180.364 on kiwifruit, and 
cattle and hog liver as proposed. EPA agrees with alphabetizing cacao 
bean and revising the crop group 16 to include the term ``except corn 
forage'' in 40 CFR 180.364.
    EPA is revising commodity terminology in 40 CFR 180.364 to conform 
to current Agency practice as follows: Hop, dried cone to hop, dried 
cones; wheat, milling fractions, (except flour) to wheat, bran; wheat, 
middlings; and wheat, shorts; grain, cereal, stover and straw, group to 
grain, cereal, forage, fodder and straw, group 16, except corn forage; 
vegetable, bulb, group to vegetable, bulb, group 3; vegetable, foliage 
of legume except soybean, subgroup 7A to vegetable, foliage of legume, 
subgroup 7A, except soybean; vegetable, fruiting, group to vegetable, 
fruiting, group 8; vegetable, leafy, group to vegetable, leafy, group 
4; and vegetable, leaves of root and tuber, group (except sugar beet 
tops) to vegetable, leaves of root and tuber, group 2, except sugar 
beet tops.
    The RED recommended that alfalfa (fresh and hay), clover and other 
non-grass animal feeds be consolidated in the corresponding crop group 
``animal feed, nongrass, group 18'' at 100 ppm. Since the RED was 
published, the ``animal feed, nongrass, group 18'' was established; 
however, due to changes in the use patterns and grazing intervals the 
corresponding tolerance level is 400 ppm. Also, the existing and 
conflicting tolerances for ``alfalfa, hay'' (400 ppm) and ``alfalfa, 
forage'' (175 ppm), respectively, should be removed since the existing 
tolerance on ``animal feed, nongrass, group 18'' (400 ppm) covers these 
animal feed items. This was originally proposed by the EPA June 18, 
2003 (68 FR 36472) (FRL-7308-8). Therefore, EPA is removing the 
tolerances in 40 CFR 180.364 on alfalfa, forage at 175 ppm and alfalfa, 
hay at 400 ppm, because they are no longer needed and their commodity 
uses are covered by the existing group tolerance.
    No comments were received by the Agency concerning the following.
    3. p-Chlorophenoxyacetic acid. The Agency canceled the last 
registered use for p-chlorophenoxyacetic acid on tomato in May 1995. 
Therefore, the Agency is revoking the tolerance in 40 CFR 180.202(a)(1) 
for combined residues of the plant regulator p-chlorophenoxyacetic acid 
and its metabolite p-chlorophenol in or on tomato, removing paragraph 
(a)(1), and recodifying existing paragraph (a)(2) as paragraph (a).

[[Page 56396]]

    Based on the available data that indicate combined residues of p-
chlorophenoxyacetic acid and its metabolite p-chlorophenol in or on 
mung bean sprouts will not exceed 0.2 ppm, the Agency determined that 
the tolerance should be lowered to 0.2 ppm. Therefore, EPA is 
decreasing the tolerance for combined residues of the plant regulator 
p-chlorophenoxyacetic acid and its metabolite p-chlorophenol to inhibit 
embryonic root development in or on bean, mung, sprouts from 2.0 to 0.2 
ppm in newly recodified 40 CFR 180.202(a).
    4. Difenzoquat. Based on available field trial data that indicate 
residues of difenzoquat were non-detectable (<0.05 ppm) in or on barley 
grain, as high as 4.0 ppm in or on barley straw, and as high as 4.2 ppm 
in or on wheat straw, the Agency determined that these tolerances 
should be decreased to 0.05 ppm, 5.0 ppm, and 5.0 ppm, respectively. 
Therefore, EPA is decreasing the tolerance in 40 CFR 180.369 for 
residues of difenzoquat in or on barley, grain from 0.2 to 0.05 ppm; 
barley straw from 20.0 to 5.0 ppm; and wheat, straw from 20.0 to 5.0 
ppm.
    Processing data for wheat grain and aspirated grain fractions 
indicate that residues of difenzoquat concentrated 4-fold in wheat bran 
and 4.6-fold in shorts, and minimal concentration occurred in 
middlings. Residues did not concentrate in flour. The wheat processing 
data are also applicable to barley. Based on those concentration 
factors and the reassessed tolerance of 0.05 ppm for wheat grain, the 
Agency determined that tolerances for both wheat bran and shorts should 
be established at 0.25 ppm. Therefore, EPA is establishing tolerances 
in 40 CFR 180.369 at 0.25 ppm for residues of difenzoquat in or on 
wheat, bran and wheat, shorts. In addition, because the wheat 
processing data are translated to barley, EPA is establishing a 
tolerance in 40 CFR 180.369 for residues of difenzoquat in or on 
barley, bran at 0.25 ppm.

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 
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 TREDs for p-chlorophenoxyacetic acid, difenzoquat, 
and hexazinone. Glyphosate tolerances were reassessed post-FQPA as part 
of the Agency's determinations on April 11, 1997 (62 FR 17723) to 
establish new glyphosate uses and therefore a TRED to reassess its 
tolerances was not needed. All of these active ingredients had REDs 
which were completed prior to FQPA. 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 do not need such assessment when the tolerances are no 
longer necessary.
    EPA's general practice is to revoke tolerances for residues of 
pesticide active ingredients on crops for which FIFRA registrations no 
longer exist and on which the pesticide may therefore no longer be used 
in the United States. 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 this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by FQPA. Under 
this 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 both:
    1. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA.
    2. The residue does not exceed the level that was authorized at the 
time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates that the 
pesticide was applied to such food.

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

    EPA considers CODEX 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

[[Page 56397]]

the tolerance reassessment section of individual REDs. 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 EPA Home Page select ``Laws, 
Regulations & 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 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, entitled 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 final 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 for 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 ``meaningful and timely input by tribal officials in 
the development of regulatory policies that have tribal implications.'' 
``Policies that have tribal implications'' is defined in the Executive 
order to include regulations that have ``substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
Government and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.'' 
This rule will not have substantial direct effects on tribal 
governments, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes, as specified in 
Executive Order 13175. Thus, Executive Order 13175 does not apply to 
this rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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.


[[Page 56398]]


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

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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


0
2. In Sec.  180.202, paragraph (a) is revised to read as follows:


Sec.  180.202  p-Chlorophenoxyacetic acid; tolerances for residues.

    (a) General. A tolerance is established for the combined residues 
of the plant regulator p-chlorophenoxyacetic acid and its metabolite p-
chlorophenol to inhibit embryonic root development in or on the 
following food commodity:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Bean, mung, sprouts........................................          0.2
------------------------------------------------------------------------

* * * * *

0
3. In Sec.  180.364, the table in paragraph (a) is revised to read as 
follows:


Sec.  180.364  Glyphosate; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Acerola....................................................          0.2
Alfalfa, seed..............................................          0.5
Almond, hulls..............................................           25
Aloe vera..................................................          0.5
Ambarella..................................................          0.2
Animal feed, nongrass, group 18............................          400
Artichoke, globe...........................................          0.2
Asparagus..................................................          0.5
Atemoya....................................................          0.2
Avocado....................................................          0.2
Bamboo, shoots.............................................          0.2
Banana.....................................................          0.2
Barley, bran...............................................           30
Barley, grain..............................................           20
Beet, sugar, dried pulp....................................           25
Beet, sugar, roots.........................................           10
Beet, sugar, tops..........................................           10
Berry, group 13............................................          0.2
Betelnut...................................................          1.0
Biriba.....................................................          0.2
Blimbe.....................................................          0.2
Borage, seed...............................................          0.1
Breadfruit.................................................          0.2
Cacao bean.................................................          0.2
Cactus, fruit..............................................          0.5
Cactus, pads...............................................          0.5
Canistel...................................................          0.2
Canola, meal...............................................           15
Canola, seed...............................................           10
Cattle, kidney.............................................          4.0
Cattle, liver..............................................          0.5
Chaya......................................................          1.0
Cherimoya..................................................          0.2
Citrus, dried pulp.........................................          1.5
Coconut....................................................          0.1
Coffee, bean...............................................          1.0
Corn, field, forage........................................          6.0
Corn, field, grain.........................................          1.0
Cotton, gin byproducts.....................................          175
Cotton, undelinted seed....................................           35
Cranberry..................................................          0.2
Crambe, seed...............................................          0.1
Custard apple..............................................          0.2
Date.......................................................          0.2
Dokudami...................................................          2.0
Durian.....................................................          0.2
Egg........................................................         0.05
Epazote....................................................          1.3
Feijoa.....................................................          0.2
Fig........................................................          0.2
Fish.......................................................         0.25
Flax, meal.................................................          8.0
Flax, seed.................................................          4.0
Fruit, citrus, group 10....................................          0.5
Fruit, pome, group 11......................................          0.2
Fruit, stone, group 12.....................................          0.2
Galangal, root.............................................          0.2
Ginger, white, flower......................................          0.2
Goat, kidney...............................................          4.0
Goat, liver................................................          0.5
Gourd, buffalo, seed.......................................          0.1
Governor's plum............................................          0.2
Gow kee, leaves............................................          0.2
Grain, aspirated fractions.................................          100
Grain, cereal, forage, fodder and straw, group 16, except            100
 corn forage...............................................
Grain, cereal, group 15, except barley, field corn, grain            0.1
 sorghum, oat and wheat....................................
Grape......................................................          0.2
Grass, forage, fodder and hay, group 17....................          300
Guava......................................................          0.2
Herbs subgroup 19A.........................................          0.2
Hog, kidney................................................          4.0
Hog, liver.................................................          0.5
Hop, dried cones...........................................          7.0
Horse, kidney..............................................          4.0
Horse, liver...............................................          0.5
Ilama......................................................          0.2
Imbe.......................................................          0.2
Imbu.......................................................          0.2
Jackfruit..................................................          0.2
Jaboticaba.................................................          0.2
Jojoba, seed...............................................          0.1
Juneberry..................................................          0.2
Kava, roots................................................          0.2
Kenaf, forage..............................................          200
Kiwifruit..................................................          0.2
Lesquerella, seed..........................................          0.1
Leucaena, forage...........................................          200
Lingonberry................................................          0.2
Longan.....................................................          0.2
Lychee.....................................................          0.2
Mamey apple................................................          0.2
Mango......................................................          0.2
Mangosteen.................................................          0.2
Marmaladebox...............................................          0.2
Meadowfoam, seed...........................................          0.1
Mioga, flower..............................................          0.2
Mustard, seed..............................................          0.1
Nut, pine..................................................          1.0
Nut, tree, group 14........................................          1.0
Oat, grain.................................................           20
Okra.......................................................          0.5
Olive......................................................          0.2
Oregano, Mexican, leaves...................................          2.0
Palm heart.................................................          0.2
Palm heart, leaves.........................................          0.2
Palm, oil..................................................          0.1
Papaya.....................................................          0.2
Papaya, mountain...........................................          0.2
Passionfruit...............................................          0.2
Pawpaw.....................................................          0.2
Peanut.....................................................          0.1
Peanut, forage.............................................          0.5
Peanut, hay................................................          0.5
Pepper leaf, fresh leaves..................................          0.2
Peppermint, tops...........................................          200
Perilla, tops..............................................          1.8
Persimmon..................................................          0.2
Pineapple..................................................          0.1
Pistachio..................................................          1.0
Pomegranate................................................          0.2
Poultry, meat..............................................          0.1
Poultry, meat byproducts...................................          1.0
Pulasan....................................................          0.2
Quinoa, grain..............................................          5.0
Rambutan...................................................          0.2
Rapeseed, meal.............................................           15
Rapeseed, seed.............................................           10
Rose apple.................................................          0.2
Safflower, seed............................................          0.1
Salal......................................................          0.2
Sapodilla..................................................          0.2
Sapote, black..............................................          0.2
Sapote, mamey..............................................          0.2
Sapote, white..............................................          0.2
Sesame, seed...............................................          0.1
Sheep, kidney..............................................          4.0
Sheep, liver...............................................          0.5
Shellfish..................................................          3.0
Sorghum, grain, grain......................................           15
Soursop....................................................          0.2
Soybean, forage............................................          100
Soybean, hay...............................................          200
Soybean, hulls.............................................          100
Soybean, seed..............................................           20
Spanish lime...............................................          0.2
Spearmint, tops............................................          200
Spice subgroup 19B.........................................          7.0
Star apple.................................................          0.2
Starfruit..................................................          0.2
Stevia, dried leaves.......................................          1.0
Strawberry.................................................          0.2
Sugar apple................................................          0.2
Sugarcane, cane............................................          2.0
Sugarcane, molasses........................................           30
Sunflower, seed............................................          0.1
Surinam cherry.............................................          0.2
Tamarind...................................................          0.2
Tea, dried.................................................          1.0
Tea, instant...............................................          7.0
Teff, grain................................................          5.0
Ti, leaves.................................................          0.2
Ti, roots..................................................          0.2
Ugli fruit.................................................          0.5
Vegetable, leafy, brassica, group 5........................          0.2
Vegetable, bulb, group 3...................................          0.2
Vegetable, cucurbit, group 9...............................          0.5
Vegetable, foliage of legume, subgroup 7A, except soybean..          0.2
Vegetable, fruiting, group 8...............................          0.1
Vegetable, leafy, group 4..................................          0.2
Vegetable, leaves of root and tuber, group 2, except sugar           0.2
 beet tops.................................................

[[Page 56399]]

 
Vegetable, legume, group 6, except soybean.................          5.0
Vegetable, root and tuber, group 1, except sugar beet......          0.2
Wasabi, roots..............................................          0.2
Water spinach, tops........................................          0.2
Watercress, upland.........................................          0.2
Wax jambu..................................................          0.2
Wheat, bran................................................           20
Wheat, grain...............................................          5.0
Wheat, middlings...........................................           20
Wheat, shorts..............................................           20
Yacon, tuber...............................................          0.2
------------------------------------------------------------------------

* * * * *

0
4. Section 180.369 is revised as follows:


Sec.  180.369  Difenzoquat; tolerances for residues.

    (a) General. Tolerances are established for residues of difenzoquat 
(1,2-dimethyl-3,5-diphenyl-1H-pyrazolium ion), derived from application 
of the methyl sulfate salt and calculated as the cation, in or on the 
following raw agricultural commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, bran...............................................         0.25
Barley, grain..............................................         0.05
Barley, straw..............................................          5.0
Cattle, fat................................................         0.05
Cattle, meat...............................................         0.05
Cattle, meat byproducts....................................         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
Poultry, fat...............................................         0.05
Poultry, meat..............................................         0.05
Poultry, meat byproducts...................................         0.05
Sheep, fat.................................................         0.05
Sheep, meat................................................         0.05
Sheep, meat byproducts.....................................         0.05
Wheat, bran................................................         0.25
Wheat, grain...............................................         0.05
Wheat, shorts..............................................         0.25
Wheat, straw...............................................          5.0
------------------------------------------------------------------------

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

0
5. In Sec.  180.396, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  180.396  Hexazinone; tolerances for residues.

    (a) General. (1) Tolerances are established for the combined 
residues of hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-
triazine-2,4-(1H,3H)-dione) and its plant metabolites; A [3-(4-
hydroxycyclohexyl)-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H,3H)-dione], B [3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-
triazine-2,4-(1H,3H)-dione], C [3-(4-hydroxycyclohexyl)-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], D [3-
cyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione], and E [3-
(4-hydroxycyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione] 
(calculated as hexazinone) in the following commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, forage............................................          2.0
Alfalfa, hay...............................................          8.0
Alfalfa, seed..............................................          2.0
Blueberry..................................................          0.6
Grass, forage..............................................         10.0
Pineapple..................................................          0.6
------------------------------------------------------------------------

    (2) Tolerances are established for the combined residues of 
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H,3H)-dione) and its animal tissue metabolites; B [3-cyclohexyl-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], and F (3-
cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione) 
(calculated as hexazinone) in the following food commodities:

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

    (3) Tolerances are established for the combined residues of 
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H,3H)-dione) and its metabolites; B [3-cyclohexyl-6-(methylamino)-1-
methyl-1,3,5-triazine-2,4-(1H,3H)-dione], C [3-(4-hydroxycyclohexyl)-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], C-2 [3-(3-
hydroxycyclohexyl)-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-
dione] and F (3-cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H,3H)-
dione) (calculated as hexazinone) in milk:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Milk.......................................................          0.2
------------------------------------------------------------------------

    (c) Tolerances with regional registrations. Tolerances with 
regional registration, as defined in Sec.  180.1(n) and which excludes 
use of hexazinone on sugarcane in Florida, are established for the 
combined residues of hexazinone (3-cyclohexyl-6-(dimethylamino)-1-
methyl-1,3,5-triazine-2,4-(1H,3H)-dione and its plant metabolites; A 
[3-(4-hydroxycyclohexyl)-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione], B [3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-
triazine-2,4-(1H,3H)-dione], C [3-(4-hydroxycyclohexyl)-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], D [(3-
cyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione], and E [3-
(4-hydroxycyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione] 
(calculated as hexazinone) in the following commodities:

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             milliom
------------------------------------------------------------------------
Sugarcane, cane............................................          0.6
Sugarcane, molasses........................................          4.0
------------------------------------------------------------------------

[FR Doc. E6-15840 Filed 9-26-06; 8:45 am]
BILLING CODE 6560-50-S