[Federal Register Volume 72, Number 147 (Wednesday, August 1, 2007)]
[Rules and Regulations]
[Pages 41913-41931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14895]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2004-0154; FRL-8139-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking certain tolerances for the herbicides 
bromoxynil, diclofop-methyl, and paraquat; the fungicide etridiazole 
(terrazole); the miticides dicofol and propargite; and the plant growth 
regulator and herbicide diquat. Also, EPA is removing duplicate 
tolerances for the herbicides bromoxynil, paraquat, and picloram; the 
fumigant phosphine; the miticide dicofol; and the insecticides 
fenbutatin-oxide and hydramethylnon. In addition, EPA is modifying 
certain tolerances for the insecticide hydramethylnon; the herbicides 
bromoxynil, paraquat, and triclopyr; the fungicides etridiazole, 
folpet, and triphenyltin hydroxide (TPTH); the miticides dicofol and 
propargite; and the plant growth regulator and herbicide diquat. 
Moreover, EPA is establishing new tolerances for the herbicides 
bromoxynil, paraquat, and picloram; the fungicides etridiazole, folpet, 
and TPTH; the miticides dicofol and propargite; the insecticide 
fenbutatin-oxide; and the plant growth regulator and herbicide diquat. 
The regulatory actions in this document are follow-up to the Agency's 
reregistration program under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), and reassessment program under the Federal 
Food, Drug, and Cosmetic Act (FFDCA) section 408(q).

DATES: This regulation is effective October 30, 2007. Objections and 
requests for hearings must be received on or before October 1, 2007, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2004-0154. To access the 
electronic docket, go to http://www.regulations.gov, select ``Advanced 
Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov web site to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in regulations.gov. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 
if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South 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: Joseph Nevola, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8037; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111), 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

[[Page 41914]]

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-
2004-0154 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 October 1, 2007.
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing that does not contain any CBI for inclusion in the public 
docket that is described in ADDRESSES. Information not marked 
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA 
without prior notice. Submit your copies, identified by docket ID 
number EPA-HQ-OPP-2004-0154, 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 August 4, 2004 (69 FR 47051) (FRL-7368-
7), EPA issued a proposal to revoke, remove, modify, and establish 
certain specific tolerances for residues of the insecticides 
fenbutatin-oxide and hydramethylnon; the herbicides bromoxynil, 
diclofop-methyl, paraquat, picloram, and triclopyr; the fumigant 
phosphine; the fungicides etridiazole, folpet, and TPTH; the miticides 
dicofol and propargite, and the plant growth regulator and herbicide 
diquat. Also, the proposal of August 4, 2004 (69 FR 47051) (FRL-7368-7) 
provided a 60-day comment period which invited public comment for 
consideration and for support of tolerance retention under the FFDCA 
standards. In the Federal Register of October 6, 2004 (69 FR 59843) 
(FRL-7682-5), EPA extended the comment period from October 4, 2004 to 
October 18, 2004.
    In this final rule, EPA is revoking, removing, modifying, and 
establishing specific tolerances for residues of bromoxynil, diclofop-
methyl, dicofol, diquat, etridiazole, fenbutatin-oxide, folpet, 
hydramethylnon, paraquat, phosphine, picloram, propargite, TPTH, and 
triclopyr in or on commodities listed in the regulatory text of this 
document. However, while EPA also proposed on August 4, 2004 (69 FR 
47051) to revoke and modify specific tolerances for iprodione, the 
Agency is not taking any action on iprodione tolerances in this 
document.
    EPA is finalizing these tolerance actions in order to implement the 
tolerance recommendations made during the reregistration and tolerance 
reassessment processes (including follow-up on canceled or additional 
uses of pesticides). As part of these processes, EPA is required to 
determine whether each of the amended tolerances meets the safety 
standard of the FFDCA. The safety finding determination of ``reasonable 
certainty of no harm'' is discussed in detail in each Reregistration 
Eligibility Decision (RED) and Report of the Food Quality Protection 
Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision 
(TRED) for the active ingredient. REDs and TREDs recommend the 
implementation of certain tolerance actions, including modifications, 
to reflect current use patterns, to meet safety findings and change 
commodity names and groupings in accordance with new EPA policy. 
Printed copies of many REDs 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.regulations.gov and 
http:// www.epa.gov/pesticides/reregistration/status.htm.
    In this final rule, EPA is revoking certain tolerances because 
either they are no longer needed or are associated with food uses that 
are no longer registered under FIFRA in the United States. Those 
instances where registrations were canceled were because the registrant 
failed to pay the required maintenance fee and/or the registrant 
voluntarily requested cancellation of one or more registered uses of 
the pesticide active ingredient. The tolerances revoked by this final 
rule are no longer necessary to cover residues of the relevant 
pesticides in or on domestically treated commodities or commodities 
treated outside but imported into the United States. It is EPA's 
general practice to issue a final rule revoking those tolerances and 
tolerance exemptions for residues of pesticide active ingredients on 
crop uses for which there are no active registrations under FIFRA, 
unless any person 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.
    Generally, EPA will proceed with the revocation of these tolerances 
on the grounds discussed in this Unit 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 August 4, 
2004 (69 FR 47051) (FRL-7368-7), EPA received comments during the 60-
day public comment period, as follows:
    1. General--comment by private citizen. A comment was received from 
a private citizen on August 15, 2004

[[Page 41915]]

which expressed a general concern for chemicals and their toxic 
effects. In addition, the private citizen stated ``I oppose and object 
to the use/approval/sale of this product'' in reference to bromoxynil 
and diclofop methyl. Also, the individual stated opposition to 
increasing any tolerances due to a concern about the sale of more 
product.
    Agency response. Section 408(g) of the FFDCA, 21 U.S.C. 346a(g) and 
the implementing regulations at 40 CFR part 178, establish procedures 
for formally challenging EPA rulemakings establishing tolerances or 
exemptions from tolerances. This formal challenge is initiated through 
the filing of ``objections'' with EPA. The procedures for filing 
objections are summarized in this final rule under the section titled 
``Objections and Hearing Requests.'' As is made clear in that section, 
all objections must be in writing, and must be mailed or delivered to 
EPA's Hearing Clerk within 60 days of the publication of the final 
rule.
    Because the communication of August 15, 2004 was sent to the public 
docket of the proposed rule, EPA concludes that the communication does 
not intend to initiate the formal procedures for objecting under 40 CFR 
part 178 to the tolerance actions made herein. The communication from 
the private citizen from New Jersey is considered by EPA to be a 
``comment'' rather than an ``objection.'' In order to file an 
objection, one must follow the procedures as explained in the previous 
paragraph and set forth in 40 CFR part 178.
    The comment of August 15, 2004 did not refer to any specific 
scientific studies which supported the reregistration of any active 
ingredient, or Agency decision document which supported or addressed 
the reregistration eligibility of any active ingredient.
    Section 4 of FIFRA directs EPA to make decisions about the future 
use of older pesticides. Under the pesticide reregistration program, 
EPA examines health and safety data for pesticide active ingredients 
initially registered before November 1, 1984, and determines whether 
they are eligible for reregistration to ensure that they meet current 
scientific and regulatory standards. During reregistration, EPA 
considers the human health and ecological effects of pesticides and 
addresses actions to reduce risks that are of concern.
    Of 612 cases subject to reregistration, about 40% have been 
canceled for various reasons, including request for voluntary 
cancellation by the registrant, cancellation by EPA because required 
fees were not paid, or cancellation by EPA because unacceptable risk 
existed that could not be reduced by other actions such as voluntary 
cancellation of selected uses or changes in the way the pesticide is 
used.
    Reducing pesticide risks is an important aspect of the 
reregistration program. In developing REDs, EPA works with stakeholders 
including pesticide registrants, growers and other pesticide users, 
environmental and public health interests, as well as the States, U.S. 
Department of Agriculture (USDA), and other Federal agencies, and 
others to develop voluntary measures or regulatory controls needed to 
effectively reduce risks of concern. Such options include voluntary 
cancellation of pesticide products or deletion of uses, declaring 
certain uses ineligible or not yet eligible, restricting use of 
products to certified applicators, limiting the amount or frequency of 
use, improving use directions and precautions, adding more protective 
clothing and equipment requirements, requiring special packaging or 
engineering controls, requiring no-treatment buffer zones, employing 
environmental and ecological safeguards, and other measures.
    Also, for all pesticides with food uses, EPA is reassessing 
tolerances (pesticide residue limits in food) to ensure that they met 
the safety standard of section 408 of the FFDCA, 21 U.S.C. 346a, as 
amended by the FQPA of 1996. Under FFDCA, EPA must make a determination 
that pesticide residues remaining in or on food are safe; that is, that 
there is reasonable certainty that no harm will result from aggregate 
exposure to the pesticide residue from dietary and other sources. EPA 
has integrated reregistration and tolerance reassessment to most 
effectively accomplish the goals of both programs.
    At the end of the reregistration process, after EPA has issued a 
RED and declared a pesticide reregistration case eligible for 
reregistration, individual end-use products that contain pesticide 
active ingredients included in the case still must be reregistered. 
During this product reregistration, EPA sends registrants a DCI notice 
requesting any product specific data and specific revised labeling 
needed to complete reregistration for each of the individual pesticide 
products covered by the RED. Based on the results of EPA's review of 
these data and labeling, products found to meet FIFRA and FFDCA 
standards may be reregistered.
    2. Bromoxynil--comment by the People's Republic of China (PRC). 
After the public comment period extension had ended on October 18, 
2004, EPA received comment from the PRC, forwarded by the U.S. 
Department of Commerce's National Institute of Standards and 
Technology, on November 3, 2004. The PRC asked for information 
concerning Good Agricultural Practice (GAP) basis data for the use of 
bromoxynil on garlic and onion.
    Agency response. The Agency proposed no action on the existing 
tolerances in 40 CFR 180.324 for bromoxynil on garlic or onion, dry 
bulb. Information on study data which support the bromoxynil RED are 
available in the OPP public docket for the proposed rule of August 4, 
2004 (69 FR 47051), OPP-2004-0154, and on the reregistration status 
website at http://www.epa.gov/pesticides/reregistration/status.htm. The 
crop field trial references for garlic are MRIDs 42331002 and 42540602, 
and for onion, dry bulb are MRIDs 42350701 and 42747601. The bromoxynil 
residues of concern on garlic and onion, dry bulb were below the limit 
of quantitation (LOQ) of 0.02 parts per million (ppm), which support 
their current tolerance levels at 0.1 ppm.
    Because flax straw is no longer a regulated feed item, the 
tolerance for bromoxynil residue is no longer needed. Therefore, EPA is 
revoking the tolerance in 40 CFR 180.324(a)(1) for ``flax, straw.'' 
Also, EPA is removing the commodity tolerances in 40 CFR 180.324(a)(1) 
for residues of bromoxynil in or on ``corn, stover'' which was 
previously termed corn, fodder (dry) in the RED; ``corn, fodder 
(green);'' and ``corn, grain'' because these tolerances are no longer 
needed since their uses are covered by the existing tolerances for 
corn, field, stover and corn, grain, field. Further, based on field 
trial data that indicate residues of bromoxynil as high as 0.14 ppm in 
or on corn stover, the Agency determined that the tolerance for corn, 
field, stover should be increased to 0.2 ppm and a tolerance should be 
established for corn, pop, stover at 0.2 ppm. Therefore, EPA is 
increasing the tolerance in 40 CFR 180.324(a)(1) on ``corn, field, 
stover'' from 0.1 ppm to 0.2 ppm and establishing a tolerance for 
residues of bromoxynil in or on ``corn, pop, stover'' at 0.2 ppm.
    Since the proposal of August 4, 2004 (69 FR 47051), EPA published a 
final rule in the Federal Register on February 10, 2005 (70 FR 7044) 
(FRL-7690-6) that removed expired time-limited tolerances for emergency 
exemptions, including those for bromoxynil on timothy, hay and timothy, 
forage in 40 CFR 180.324(b) and reserved that section.

[[Page 41916]]

    Based on field trial data that indicate residues of bromoxynil in 
or on alfalfa hay as high as 0.38 ppm and to conform tolerance 
nomenclature to current Agency practice, the Agency determined that the 
tolerance for alfalfa, seedling should be revised into alfalfa, forage 
and alfalfa, hay, and the tolerance on alfalfa, hay should be increased 
to 0.5 ppm. Therefore, EPA is revising the commodity tolerance 
``alfalfa, seedling'' (shown in paragraph (a)(1) as alfalfa, seeding) 
in 40 CFR 180.324(a)(1) at 0.1 ppm to ``alfalfa, forage,'' and 
``alfalfa, hay'' and maintaining the tolerance on alfalfa, forage at 
0.1 ppm, while increasing the tolerance on alfalfa, hay to 0.5 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on grass forage and hay as high as 2.9 ppm and 2.4 ppm, 
respectively, the Agency determined that the tolerances for grass 
forage and hay should be increased to 3.0 ppm. Therefore, EPA is 
revising the commodity terminologies ``canarygrass, annual, seed'' and 
``canarygrass, annual, hay'' (formerly grass, canary, annual, straw) in 
40 CFR 180.324(a)(1) to ``grass, forage'' and ``grass, hay,'' 
respectively, and increasing each of their tolerances from 0.1 ppm to 
3.0 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on barley straw as high as 3.9 ppm, and translating barley data to 
oat straw, the Agency determined that the tolerances for barley straw 
and oat straw should be increased to 4.0 ppm. Therefore, EPA is 
increasing the tolerances in 40 CFR 180.324(a)(1) for residues of 
bromoxynil in or on ``barley, straw'' from 0.1 ppm to 4.0 ppm, and 
``oat, straw'' from 0.1 ppm to 4.0 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on wheat forage and straw as high as 0.6 ppm and 1.2 ppm, 
respectively, and translating wheat data to rye, the Agency determined 
that the tolerances for both rye and wheat forage should be increased 
to 1.0 ppm, and both rye and wheat straw should be increased to 2.0 
ppm. Therefore, EPA is increasing the tolerances in 40 CFR 
180.324(a)(1) for residues of bromoxynil in or on ``rye, forage'' from 
0.1 ppm to 1.0 ppm; ``rye, straw'' from 0.1 ppm to 2.0 ppm; ``wheat, 
forage'' from 0.1 ppm to 1.0 ppm; and ``wheat, straw'' from 0.1 ppm to 
2.0 ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on barley forage, and translating barley data to oat, the Agency 
determined that the tolerance for oat forage should be increased to 0.3 
ppm. Therefore, EPA is increasing the tolerance in 40 CFR 180.324(a)(1) 
for residues of bromoxynil in or on ``oat, forage'' from 0.1 ppm to 0.3 
ppm.
    Based on field trial data that indicate residues of bromoxynil in 
or on sorghum forage and stover as high as 0.29 and 0.14 ppm, 
respectively, the Agency determined that the tolerances for sorghum 
forage and stover should be increased to 0.5 ppm and 0.2 ppm, 
respectively. Therefore, EPA is increasing the tolerances in 40 CFR 
180.324(a)(1) for residues of bromoxynil in or on ``sorghum, forage'' 
from 0.1 ppm to 0.5 ppm and revising the commodity terminology to 
``sorghum, grain, forage;''and ``sorghum, grain, stover'' from 0.1 ppm 
to 0.2 ppm. The Agency 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.
    Based on field trial data that indicate residues of bromoxynil in 
or on grain of barley, corn, sorghum, and wheat at <0.02 ppm and 
translating barley data to oat grain and rye grain, the Agency 
determined that the grain tolerances for barley; field corn; oat; rye; 
sorghum; and wheat should be decreased to 0.05 ppm and a tolerance 
should be established for corn, pop, grain at 0.05 ppm. Therefore, EPA 
is decreasing the tolerances in 40 CFR 180.324(a)(1) from 0.1 ppm to 
0.05 ppm, for the following: ``barley, grain;'' ``oat, grain;'' ``rye, 
grain;'' ``sorghum, grain;'' ``wheat, grain;'' and ``corn, grain, 
field;'' and also revising the terminolgy for ``corn, grain, field'' to 
read ``corn, field, grain.'' Also in 40 CFR 180.324(a)(1), EPA is 
establishing a tolerance for residues of bromoxynil in or on ``corn, 
pop, grain'' at 0.05 ppm.
    Because residues of bromoxynil are detectable in aspirated grain 
fractions of wheat (highest), corn, and sorghum, the Agency determined 
that a tolerance on the aspirated fractions of grain should be 
established at 0.3 ppm. Therefore, EPA is establishing a tolerance in 
40 CFR 180.324(a)(1) for residues of bromoxynil in or on ``grain, 
aspirated fractions'' at 0.3 ppm.
    Based on residue data for hay of wheat and barley that indicate 
residues of bromoxynil as high as 3.2 ppm for wheat, but not exceeding 
9.0 ppm for barley, and translating barley data to oat hay, the Agency 
determined that tolerances should be established for wheat hay at 4.0 
ppm, barley hay at 9.0 ppm, and oat, hay at 9.0 ppm. Therefore, EPA is 
establishing tolerances in 40 CFR 180.324(a)(1) for residues of 
bromoxynil in or on ``barley, hay'' at 9.0 ppm, ``oat, hay'' at 9.0 
ppm, and ``wheat, hay'' at 4.0 ppm.
    The 1998 Bromoxynil RED recommended that the tolerance for corn, 
forage, field (green) be revised to corn, field, forage and increased 
from 0.1 ppm to 0.3 ppm based on residue data for corn forage. However, 
at that time, no tolerance for corn, forage, field (green) existed in 
40 CFR 180.324(a)(1). Therefore, EPA is establishing a tolerance in 40 
CFR 180.324(a)(1) for ``corn, field, forage'' at 0.3 ppm.
    In addition, EPA is revising commodity terminology in 40 CFR 
180.324 to conform to current Agency practice as follows: ``mint hay'' 
to ``peppermint, hay'' and ``spearmint, hay.''
    The Agency did not propose in a notice for comment to revise the 
tolerance nomenclature for bromoxynil in 40 CFR 180.324(a)(1) from 
onion, dry bulb to onion, bulb, as is current Agency practice. However, 
section 553(b)(3)(B) of the Administrative Procedure Act provides that 
notice and comment is not necessary ``when the agency for good cause 
finds (and incorporates the finding and a brief statement of reasons 
therefore in the rules issued) that notice and public procedure thereon 
are impracticable, unnecessary, or contrary to the public interest.'' 
Consequently, for good cause, EPA is revising the tolerance in 40 CFR 
180.324(a)(1) from onion, dry bulb to onion, bulb. The reason for 
taking this action is because such action has no practical impact on 
the use of or exposure to the pesticide active ingredient, bromoxynil, 
in or on that commodity and is made such that the tolerance terminology 
will conform to current Agency practice.
    3. Dicofol--comment by the PRC. After the public comment period 
extension had ended on October 18, 2004, EPA received comment from the 
PRC, forwarded by the U.S. Department of Commerce's National Institute 
of Standards and Technology, on November 3, 2004. The PRC expressed 
concern that the GAP alone is insufficient as the basis for EPA's 
determination for proposing to establish a tolerance for dicofol 
residues in milk at 22.0 ppm in the absence of risk assessment support.
    Also, the PRC was concerned about EPA's proposal to reduce the 
tolerances for residues of dicofol on nuts from 5.0 ppm to 0.1 ppm and 
the Agency's determination to translate data from pecan field trials to 
other nuts such as chestnut and walnut. In addition, the PRC cited nut 
tolerance levels for dicofol of 3.0 ppm in Canada, 1.0 ppm in Korea, 
and 5.0 ppm for almond in Australia.
    Agency response. EPA is redesignating the dicofol tolerance

[[Page 41917]]

expression for plant commodities in 40 CFR 180.163(a) to (a)(1), 
separately from the animal tolerances, and to revise the expression in 
terms of the combined residues of 1,1-bis(4-chlorophenyl)-2,2,2-
trichloroethanol and 1-(2-chlorophenyl)-1-(4-chlorophenyl)-2,2,2-
trichloroethanol. Because dicofol metabolites are the residues of 
concern for animals, EPA is proposing to redesignate animal tolerances 
separately from plant tolerances, from 40 CFR 180.163(a) to (a)(2) and 
for tolerances to be expressed in terms of the combined residues of 
1,1-bis(4-chlorophenyl)-2,2,2-trichloroethanol and its metabolites, 1-
(2-chlorophenyl)-1-(4-chlorophenyl)-2,2,2-trichloroethanol, 1,1-bis(4-
chlorophenyl)-2,2-dichloroethanol, and 1-2(-chlorophenyl)-1-(4-
chlorophenyl)-2,2-dichloroethanol.
    As stated in the proposal of August 4, 2004 (69 FR 47051), based on 
ruminant metabolism and feeding data, the Agency determined that the 
tolerance for milk should reflect dicofol residues of 0.75 ppm in whole 
milk corrected by a factor of 30x to account for concentration in milk 
fat from whole milk such that 22.0 ppm is appropriate (tolerance is 
based on milk fat). However, the Agency acknowledges that on August 4, 
2004 (69 FR 47051) it proposed to establish a tolerance for ``milk'' as 
shown in the dicofol RED, but that the appropriate definition for the 
tolerance commodity should be termed ``milk, fat (reflecting 0.75 ppm 
in whole milk).'' The appropriate level for that tolerance definition 
is 22.0 ppm. Therefore, EPA is establishing a tolerance in 40 CFR 
180.163(a)(2) for milk, fat (reflecting 0.75 ppm in whole milk) at 22.0 
ppm.
    The Agency proposed reducing the nut tolerances based on both pecan 
and walnut field trials that showed residues of dicofol were non-
detectable and determined that 0.1 ppm is appropriate. Pecan, chestnut, 
and walnut are among commodities included in 40 CFR 180.41 under the 
tree nut crop group 14. The Agency considers pecans and almonds as 
representative commodities for that crop group. The Agency determined 
that the data translated to other nuts and that the tolerances for 
butternut, chestnut, filbert, hickory nut, macadamia nut, pecan, and 
walnut should be at 0.1 ppm. The Agency notes that there is a Codex 
maximum residue limit (MRL) for dicofol residues on pecan at 0.01 ppm 
which is at or above the limit of detection. Both the Codex MRL on 
pecan and proposed U.S. tolerance for nuts are lower than the MRLs 
cited by the PRC. Different MRLs among countries for a specific 
pesticide residue on a given commodity may be due to use patterns 
reflecting different pest and disease pressures. Therefore, EPA is 
decreasing the tolerances in 40 CFR 180.163(a)(1) on ``nut, macadamia'' 
from 5 ppm to 0.1 ppm;'' ``butternut'' from 5 ppm to 0.1 ppm, 
``chestnut'' from 5 ppm to 0.1 ppm, ``filbert'' from 5 ppm to 0.1 ppm, 
``nut, hickory'' from 5 ppm to 0.1 ppm, ``pecan'' from 5 ppm to 0.1 
ppm, and ``walnut'' from 5 ppm to 0.1 ppm, all based on available data.
    EPA is revoking the commodity tolerances in 40 CFR 180.163(a)(1) 
for residues of dicofol in or on ``fig'' because the registration for 
that use was canceled in October 1989 due to non-payment of annual 
registration maintenance fees. Also, EPA is removing ``hazelnuts'' 
because this tolerance is covered by the tolerance on filbert. The 
Agency did not propose in a notice for comment to revise the tolerance 
nomenclature for dicofol in 40 CFR 180.163(a)(1) from filbert to 
hazelnut, as is current Agency practice. However, section 553(b)(3)(B) 
of the Administrative Procedure Act provides that notice and comment is 
not necessary ``when the agency for good cause finds (and incorporates 
the findings and a brief statement of the reasons therefore in the 
rules issued) that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 
Consequently, for good cause, EPA is revising the tolerance terminology 
in 40 CFR 180.163(a)(1) from filbert to hazelnut. The reason for taking 
this action is because such action has no practical impact on the use 
of or exposure to the pesticide active ingredient, dicofol, in or on 
that commodity and is made such that the tolerance terminology will 
conform to current Agency practice. In addition, the tolerance on 
``hay, spearmint'' in 40 CFR 180.163(a) was removed on June 29, 2007 
(72 FR 35663) (FRL-8131-3).
    Based on field trial data that indicate residues of dicofol were as 
high as 6.7 ppm in or on apples and in one duplicate sample 10.8 ppm in 
or on pears (6.8 ppm in pears for the other duplicate sample), the 
Agency determined that a crop group tolerance of 10.0 ppm is 
appropriate. Therefore, EPA is combining the commodity tolerances for 
``apple,'' ``crabapple,'' ``pear,'' and ``quince,'' each at 5 ppm in 40 
CFR 180.163(a)(1) under the crop group terminology ``fruit, pome, group 
11'' and increasing the tolerance to 10.0 ppm.
    Based on field trial data that indicate residues of dicofol were as 
high as 0.84 ppm in or on plums, 3.08 ppm in or on cherries, and 3.79 
ppm in or on peaches, the Agency determined that a crop group tolerance 
of 5.0 ppm is appropriate. Therefore, EPA is combining the commodity 
tolerances for ``apricot'' at 10 ppm; ``cherry'' at 5 ppm, 
``nectarine'' at 10 ppm, ``peach'' at 10 ppm, and ``plum, prune, 
fresh'' at 5 ppm, in 40 CFR 180.163(a)(1) under the crop group 
terminology ``fruit, stone, group 12'' and decreasing the tolerance to 
5.0 ppm.
    EPA is combining the commodity tolerances for ``blackberry,'' 
``boysenberry,'' ``dewberry,'' ``loganberry,'' and ``raspberry,'' each 
at 5 ppm in 40 CFR 180.163(a)(1) under the crop subgroup terminology 
``caneberry subgroup 13A'' and maintaining the tolerance at 5 ppm, 
based on new field trials.
    Based on field trial data that indicate residues of dicofol were as 
high as 0.35 ppm in or on melons, 0.45 ppm in or on cucumbers, and 1.05 
ppm in or on summer squash, the Agency determined that a crop group 
tolerance of 2.0 ppm is appropriate. Therefore, EPA is combining the 
commodity tolerances for ``cantaloupe,'' ``cucumber,'' ``melon,'' 
``muskmelon,'' ``pumpkin,'' ``squash, summer;'' ``squash, winter;'' and 
``watermelon,'' each at 5 ppm in 40 CFR 180.163(a)(1) under the crop 
group terminology ``vegetable, cucurbit, group 9'' and decreasing the 
tolerance to 2.0 ppm.
    Based on field trial data that show that residues of dicofol were 
as high as 1.34 ppm in or on lemon, 3.55 ppm in or on oranges, and 5.26 
ppm in or on grapefruit, the Agency determined that a crop group 
tolerance of 6.0 ppm is appropriate. Therefore, EPA is combining the 
commodity tolerances for ``grapefruit,'' ``kumquat,'' ``lemon,'' 
``lime,'' ``orange, sweet'' and ``tangerine'' in 40 CFR 180.163(a)(1), 
each at 10 ppm, under the commodity terminology ``fruit, citrus, group 
10'' and decreasing the tolerance to 6.0 ppm.
    Based on field trial data that indicate residues of dicofol were as 
high as 0.46 ppm in or on tomatoes and 1.15 ppm in or on peppers, the 
Agency determined that a crop group tolerance of 2.0 ppm is 
appropriate. Therefore, EPA is combining the commodity tolerances for 
``eggplant,'' ``pepper,'' ``pimento,'' and ``tomato'' in 40 CFR 
180.163(a)(1), each at 5 ppm, under the crop group terminology 
``vegetable, fruiting, group 8'' and decreasing the tolerance to 2.0 
ppm, based on new field trials.
    Based on field trial data that indicate residues of dicofol as high 
as 0.46 ppm in or on dry beans and 2.09 ppm in or on succulent beans, 
the Agency has determined that the appropriate tolerances are 0.5 ppm 
for dry beans and

[[Page 41918]]

3.0 ppm for succulent beans. Therefore, EPA is decreasing the 
tolerances in 40 CFR 180.163(a)(1) on ``bean, dry, seed'' from 5.0 ppm 
to 0.5 ppm, and combining ``bean, snap, succulent'' and ``bean, lima, 
succulent'' into ``bean, succulent'' and decreasing the tolerance from 
5.0 ppm to 3.0 ppm.
    Based on field trial data that indicate residues of dicofol as high 
as 64.3 ppm on dried hops, the Agency has determined that the tolerance 
should be for dried hops at 65.0 ppm. Therefore, EPA is increasing the 
tolerance in 40 CFR 180.163(a)(1) for ``hop'' from 30 ppm to 65.0 ppm 
and revising the commodity tolerance to ``hop, dried cones'' because 
the raw agricultural commodity (RAC) is redefined. 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.
    Because available data show that residues of dicofol were as high 
as 9.8 ppm on strawberries, the Agency determined that the tolerance 
should be at 10.0 ppm. Therefore, EPA is increasing the tolerance in 40 
CFR 180.163(a)(1) for ``strawberry'' from 5 ppm to 10.0 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.
    Based on highest average field trial (HAFT) residues of 5.54 ppm on 
apples, 3.16 ppm on oranges, 0.06 ppm on cotton, 3.02 ppm on grapes, 
17.6 ppm on mint, 29.1 ppm on plucked tea leaves, and available 
processing data showing average concentration factors of 6.6x in wet 
apple pomace, 3.7x in dried orange pulp, 62.8x in orange oil, 4.9x in 
refined cotton oil, 6.6x in raisins, 1.6x in mint oil, and 1.6x in 
dried tea, the Agency determined that tolerances for dicofol are 
warranted as follows: wet apple pomace at 38 ppm, dried citrus pulp at 
12 ppm, citrus oil at 200 ppm, refined cotton oil at 0.5 ppm, raisins 
at 20.0 ppm, peppermint oil at 30 ppm, spearmint oil at 30 ppm, tea, 
plucked tea leaves at 30.0 ppm, and dried tea at 50 ppm. Therefore, EPA 
is increasing the tolerance in 40 CFR 180.163(a)(1) for ``tea, dried'' 
from 45 ppm to 50.0 ppm and establishing tolerances in 40 CFR 180.163 
(a)(1) for ``apple, wet pomace'' at 38.0 ppm, ``citrus, dried pulp'' at 
12.0 ppm, ``citrus, oil'' at 200.0 ppm, ``cotton, refined oil'' at 0.5 
ppm, ``grape, raisin'' at 20.0 ppm, ``peppermint, oil'' at 30.0 ppm, 
``spearmint, oil'' at 30.0 ppm, and ``tea, plucked leaves'' at 30.0 
ppm.
    In the dicofol RED, the Agency recommended the establishment of a 
tolerance on prunes (currently termed plum, prune, dried) at 3.0 ppm. 
However, a new tolerance for the processed commodity prunes as ``plum, 
prune, dried'' at 3.0 ppm is not needed because that use is covered by 
the combination of stone fruits into a group tolerance at 5.0 ppm, as 
described above.
    Based on hen metabolism and feeding data, and residues in 
cottonseed meal (20% diet X 0.1 ppm residue), the Agency has determined 
that tolerances should be established at 0.1 ppm for poultry fat, meat, 
and meat byproducts. The tolerance for eggs should be decreased to 0.05 
ppm for compatibility with Codex. Therefore, EPA is establishing 
tolerances in 40 CFR 180.163(a)(2) for ``poultry, fat;'' ``poultry, 
meat;'' and ``poultry, meat byproducts;'' each at 0.1 ppm and ``egg'' 
at 0.05 ppm.
    Based on ruminant metabolism and feeding data, the Agency 
determined that tolerances for fat of cattle, goats, hogs, horses and 
sheep should be established at 50.0 ppm; meat and meat byproducts, 
except liver of cattle, goats, hogs, horses and sheep should be 
established at 3.0 ppm; and liver of cattle, goats, hogs, horses and 
sheep should be established at 5.0 ppm. Therefore, EPA is establishing 
tolerances in 40 CFR 180.163(a)(2) for the following: ``cattle, meat;'' 
``cattle, meat byproducts, except liver;'' ``goat, meat;'' ``goat, meat 
byproducts, except liver;'' ``hog, meat;'' ``hog, meat byproducts, 
except liver;'' ``horse, meat;'' ``horse, meat byproducts, except 
liver;'' ``sheep, meat;'' and ``sheep, meat byproducts, except liver;'' 
each at 3.0 ppm; ``cattle, liver;'' ``goat, liver;'' ``hog, liver;'' 
``horse, liver;'' and ``sheep, liver;'' each at 5.0 ppm; and ``cattle, 
fat;'' ``goat, fat;'' ``hog, fat;'' ``horse, fat;'' and ``sheep, fat;'' 
each at 50.0 ppm.
    EPA is revising commodity terminology in 40 CFR 180.163 to conform 
to current Agency practice as follows: ``hay, peppermint'' to 
``peppermint, hay.''
    4. Iprodione. EPA will not take action on iprodione tolerances at 
this time based on comments and additional submitted data. EPA will 
respond to comments about iprodione that were received during the 
public comment period and address iprodione tolerance actions in a 
future notice to be published in the Federal Register.
    5. Paraquat--comment by Syngenta Crop Protection. On September 9, 
2004, Syngenta Crop Protection Inc. requested that the Agency consider 
the inclusion of commodities from berries group 13 in its proposed 
revision of the small fruit group tolerance for paraquat into 
individual tolerances for cranberry and grape. Syngenta stated that 
berry data was submitted years ago and berry uses appear on active 
registrations for paraquat dichloride.
    Agency response. EPA proposed to revise the crop group tolerance 
for small fruit but inadvertently proposed to revise that group into 
individual tolerances only for cranberry and grape, and maintain these 
tolerances at 0.05 ppm. However, the old terminology of ``small fruit'' 
not only includes cranberry and grape, but also blackberry, blueberry, 
boysenberry, currant, dewberry, elderberry, gooseberry, huckleberry, 
loganberry, raspberry, strawberry, and youngberry. In 40 CFR 180.41, 
berry group 13 includes blackberry (blackberry includes boysenberry, 
dewberry, and youngberry), blueberry, currant, elderberry, gooseberry, 
huckleberry, loganberry, and raspberry. Consequently, revising small 
fruit into the individual tolerances for cranberry, grape, and 
strawberry, as well as maintaining a tolerance on berry group 13, would 
cover the commodity uses under the old terminology of small fruit. The 
Agency agrees with Syngenta that berry uses have active registrations. 
Some tolerance actions proposed for paraquat on August 4, 2004 (69 FR 
47051) have already been made final or revised to different tolerance 
levels in a final rule published in the Federal Register on September 
6, 2006 (71 FR 52487)(FRL-8089-3), where EPA established and revised 
certain tolerances in 40 CFR 180.205 on paraquat in response to 
multiple petition requests by Syngenta Crop Protection Inc. In the 
final rule of September 6, 2006 (71 FR 52487), EPA established 
tolerances in 40 CFR 180.205 at 0.05 ppm on berry group 13, cranberry, 
and grape. A tolerance already existed on strawberry at 0.25 ppm. 
However, the tolerance on the obsolete commodity terminology ``fruit, 
small'' was inadvertently not revoked and currently remains as a 
duplicate tolerance that is no longer needed and should be revoked. 
Consequently, EPA is following up on the proposed rule of August 4, 
2004 (69 FR 47051), which included a proposal to remove the small fruit 
tolerance in 40 CFR 180.205(a) by proposing to revise that crop group 
tolerance (an obsolete nomenclature) into multiple tolerance 
definitions that would cover commodity uses previously associated with 
small fruit. Because multiple tolerances (berry group 13, cranberry, 
grape, and strawberry) have

[[Page 41919]]

been established to cover the small fruit uses, EPA is following-up by 
revoking the tolerance in 40 CFR 180.205(a) on fruit, small in this 
final rule.
    Other tolerance actions proposed on August 4, 2004 (69 FR 47051) 
have also been made final or revised to different tolerance levels. In 
the final rule of September 6, 2006 (71 FR 52487), EPA increased the 
tolerances in 40 CFR 180.205(a) on kidney of cattle, goats, hogs, 
horses, and sheep, each from 0.3 ppm to 0.5 ppm, which harmonize with 
Codex MRLs; hop, dried cones from 0.2 ppm to 0.5 ppm; sorghum, forage, 
forage and sorghum, grain, forage from 0.05 ppm to 0.1 ppm; soybean, 
forage from 0.05 ppm to 0.4 ppm; decreased the tolerance in 40 CFR 
180.205(a) on ``beet, sugar, tops'' from 0.5 ppm to 0.05 ppm; and 
established tolerances in 40 CFR 180.205(a) for soybean hay at 10.0 
ppm, soybean hulls at 4.5 ppm; and soybean seed at 0.7 ppm; fruit, 
pome, group 11 at 0.05 ppm; fruit, stone, group 12 at 0.05 ppm; barley, 
straw at 1.0 ppm; wheat, forage at 0.5 ppm; and wheat, straw at 50.0 
ppm.
    In the final rule of September 6, 2006 (71 FR 52487), the Agency 
inadvertently did not revoke the individual tolerances in 40 CFR 
180.205 at 0.05 ppm on apple and pear when it established the fruit, 
pome, group 11 tolerance at 0.05 ppm; the individual tolerances at 0.05 
ppm on apricot, cherry, nectarine, peach, and plum, prune, fresh when 
it established the fruit, stone, group 12 tolerance at 0.05 ppm; and 
the individual tolerances at 0.05 ppm on broccoli, cabbage, Chinese 
cabbage, cauliflower, and collards when it established the vegetable, 
brassica, leafy, group 5 tolerance at 0.05 ppm. Also, in the Federal 
Register of December 6, 2006 (71 FR 70670) (FRL-8100-3), EPA corrected 
a typographical error in the codification section on page 52494 of the 
final rule of September 6, 2006 (71 FR 52487) regarding the commodity 
terminology name ``fruit, stone, group 12.'' The notice of August 4, 
2004 (69 FR 47051) proposed to combine specific individual tolerances 
into their respective crop groups (including fruit, pome, group 11, 
fruit, stone, group 12, and vegetable, brassica, leafy, group 5), with 
the effect of removing those specific individual tolerances since their 
uses were to be covered by the group tolerances. Because these group 
tolerances were established, their respective individual tolerances are 
no longer needed. Consequently, EPA is following-up on the proposed 
rule of August 4, 2004 (69 FR 47051), which included proposals to 
combine specific existing tolerances into group tolerances for fruit, 
pome, group 11, fruit, stone, group 12, and vegetable, brassica, leafy, 
group 5; and thereby remove those individual tolerances. Because these 
group tolerances have been established, EPA is following-up by revoking 
the tolerances in 40 CFR 180.205 on apple; pear; apricot; cherry; 
nectarine; peach; plum, prune, fresh; broccoli; cabbage; cabbage, 
chinese; cauliflower; and collards in this final rule. In addition, EPA 
is correcting the commodity terminology in 40 CFR 180.205 for the group 
5 tolerance from vegetable, Brassica leafy, group 5 to vegetable, 
brassica, leafy, group 5, which was the group name proposed on August 
4, 2004 (69 FR 47051).
    Also, in the final rule of September 6, 2006 (71 FR 52487), EPA 
inadvertently did not revoke the individual tolerances in 40 CFR 
180.205 at 5.0 ppm on alfalfa, birdsfoot trefoil, and clover, when it 
established the animal feed, nongrass, group 18, forage and animal 
feed, nongrass, group 18, hay tolerances at 75.0 ppm and 210.0 ppm, 
respectively. These individual tolerances are no longer needed. 
Consequently, EPA is following up on the proposed rule of August 4, 
2004 (69 FR 47051), which included proposals to increase the tolerances 
for alfalfa forage, birdsfoot trefoil forage, and clover forage from 
5.0 ppm to 75.0 ppm and combine them under the terminology animal feed, 
nongrass, group 18, forage and increase alfalfa hay, birdsfoot trefoil 
hay, and clover hay from 5.0 ppm to 210.0 ppm and combine them under 
the terminology animal feed, nongrass, group 18, hay. Because these 
group tolerances have been established, EPA is following-up by revoking 
the individual tolerances in 40 CFR 180.205(a) on alfalfa, birdsfoot 
trefoil, and clover.
    In addition, in the final rule of September 6, 2006 (71 FR 52487), 
EPA inadvertently established a tolerance in 40 CFR 180.205 on soybean, 
seed at 0.7 ppm, but should have revised the existing tolerance on 
soybean to soybean, seed (a nomenclature change that is current Agency 
practice) and increased it from 0.05 ppm to 0.7 ppm (based on a new use 
pattern in the petition) to avoid creating a duplicate tolerance. 
Consequently, there now exists a duplicate tolerance; i.e., soybean at 
0.05 ppm, which EPA proposed to increase in the rule of August 4, 2004 
(69 FR 47051). That duplicate tolerance is not needed since the use on 
soybean should be covered by the established soybean, seed tolerance at 
the appropriate level of 0.7 ppm. Further, section 553(b)(3)(B) of the 
Administrative Procedure Act provides that notice and comment is not 
necessary ``when the agency for good cause finds (and incorporates the 
finding and a brief statement of reasons therefore in the rules issued) 
that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' Consequently, for 
good cause, while EPA is maintaining the tolerance on soybean, seed at 
0.7 ppm, the Agency is revoking the tolerance on soybean at 0.05 ppm in 
40 CFR 180.205(a). The reason for taking this action is because such 
action has no practical impact on the use of or exposure to the 
pesticide active ingredient, paraquat, in or on that commodity; i.e., 
the use is covered by the existing tolerance on soybean, seed at 0.7 
ppm, which the Agency considers to be at the appropriate level.
    Also, in the final rule of September 6, 2006 (71 FR 52487), EPA 
inadvertently did not revoke the individual tolerances in 40 CFR 
180.205 on bean, snap, succulent at 0.05 ppm, when it established the 
tolerance on vegetable, legume, edible podded, subgroup 6A at 0.05 ppm; 
bean, lima, succulent and pea, succulent, both at 0.05 ppm, when it 
established the tolerance on pea and bean, succulent shelled, subgroup 
6B at 0.05 ppm; and bean, dry, seed and pea, dry, seed, both at 0.3 
ppm, when it established the tolerance on pea and bean, dried shelled, 
except soybean, subgroup 6C, except guar bean. These established 
subgroup tolerances cover the uses of the aforementioned individual 
tolerances, which are no longer needed, and therefore, which should be 
revoked. In order to provide notice and comment, the Agency intends to 
address proposing the revocation of these individual tolerances in 40 
CFR 180.205 for bean, snap, succulent; bean, lima, succulent; pea, 
succulent; bean, dry, seed; and pea, dry, seed in a future publication 
in the Federal Register.
    Moreover, in the final rule of September 6, 2006 (71 FR 52487), EPA 
established a tolerance in 40 CFR 180.205 on nut, tree, group 14 at 
0.05 ppm, but should have revised the existing tolerance at 0.05 ppm on 
nut to nut, tree, group 14 (a nomenclature change that is current 
Agency practice). Also, EPA established a tolerance on vegetable, 
cucurbit, group 9 at 0.05 ppm, but should have revised the existing 
tolerance at 0.05 ppm on cucurbits to vegetable, cucurbit, group 9 (a 
nomenclature change that is current Agency practice). Consequently, 
since the uses are covered by other tolerances, the duplicate 
tolerances on cucurbits and nut are no longer needed and should be 
revoked. In order to provide notice and comment, the Agency intends to 
address proposing the

[[Page 41920]]

revocation of the tolerances in 40 CFR 180.205(a) on cucurbits and nut 
in a future publication in the Federal Register.
    Finally, in the final rule of September 6, 2006 (71 FR 52487), EPA 
established tolerances in 40 CFR 180.205 that were not proposed on 
August 4, 2006. These include barley hay; cotton, gin byproducts; 
ginger; grain, aspirated fractions; okra; and wheat hay; and increased 
the tolerances on cotton, undelinted seed, onion, dry bulb (and revised 
it to onion, bulb); and wheat grain.
    EPA is revoking the tolerance in 40 CFR 180.205(a) on ``mint, hay, 
spent'' because it is no longer recognized as a raw agricultural 
commodity, and therefore the tolerance is no longer needed. Also, EPA 
is removing the ``(N)'' designation from all entries to conform to 
current Agency administrative practice (``N'' designation means 
negligible residues), and revising the commodity terminology ``fruit, 
citrus'' to ``fruit, citrus, group 10;'' and redefining the commodity 
terminology for ``bean, forage'' to ``cowpea, forage'' and ``bean, 
hay'' to ``cowpea, hay.'' However, EPA will not revoke the tolerance on 
mint, hay in 40 CFR 180.205 because the Agency incorrectly based its 
revocation in the paraquat RED on mint hay no longer being a raw 
agricultural commodity. While ``mint hay'' is an obsolete commodity 
terminology, it should be revised to peppermint, tops and spearmint, 
tops, which EPA will address in a future publication in the Federal 
Register.
    Based on field trial data that indicate residues of paraquat as 
high as 90 ppm in or on rangeland grass forage (which should be revised 
to grass, forage) and 40 ppm in or on pasture grass hay (which should 
be revised to grass, hay), the Agency determined that the tolerances 
should be increased to 90 ppm for grass forage and 40 ppm for grass 
hay. Therefore, EPA is revising the commodity terminologies in 40 CFR 
180.205(a) for ``grass, pasture'' to ``grass, forage'' and increasing 
the tolerance from 5 ppm to 90.0 ppm; and ``grass, range'' to ``grass, 
hay'' and increasing the tolerance from 5 ppm to 40.0 ppm. The Agency 
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.
    Based on a reassessed pineapple tolerance of 0.05 ppm and pineapple 
processing data that indicate an average concentration factor of 4.5x 
in dried bran, the Agency determined that a tolerance should be 
established for pineapple process residue (a wet-waste byproduct from 
the fresh cut product line, which usually contains pineapple bran) at 
0.25 ppm. Therefore, EPA is establishing a tolerance in 40 CFR 
180.205(a) for ``pineapple, process residue'' at 0.25 ppm.
    Based on a reassessed sugarcane tolerance of 0.5 ppm and sugarcane 
processing data that indicate an average concentration factor of 5.5x 
in blackstrap molasses, the Agency determined that a tolerance should 
be established for sugarcane molasses at 3.0 ppm. Therefore, EPA is 
establishing a tolerance in 40 CFR 180.205(a) for ``sugarcane, 
molasses'' at 3.0 ppm.
    On September 21, 2001 (66 FR 48593) (FRL-6799-2), EPA published a 
final rule in the Federal Register which in 40 CFR 180.205(a) 
established tolerances for ``corn, field, stover'' and ``corn, pop, 
stover'' at 10.0 ppm; ``corn, field, grain'' and ``corn, pop, grain'' 
at 0.1 ppm; and ``corn, field, forage'' at 3.0 ppm; based on proposed 
tolerances in petition 5F1625 submitted by Zeneca Ag. Products and to 
harmonize corn, field, grain and corn, pop, grain with the Codex MRL of 
0.1 ppm for maize. In the September 2001 final rule, EPA also stated 
that in the food additive petition 5H5088, Zeneca had proposed a food 
additive tolerance for ``corn flour'' at 0.1 ppm which was subsequently 
withdrawn since EPA determined that the tolerance for corn, field, 
grain at 0.1 ppm is adequate to cover residues in corn flour.
    EPA is revising commodity terminologies in 40 CFR 180.205(a) from 
``corn, fresh (inc. sweet corn), kernel plus cob with husks removed'' 
to ``corn, sweet, kernel plus cob with husks removed;'' and ``guar 
bean'' to ``guar.''
    In the proposed rule of August 4, 2004 (69 FR 47051)(FRL-7368-7), 
EPA stated that peanut hay is no longer considered to be a significant 
livestock feed commodity. In fact, peanut hay is considered by the 
Agency to be a significant livestock feed item as shown at http://
www.epa.gov/opptsfrs/OPPTS--Harmonized/860--Residue--Chemistry--Test--
Guidelines/Series/ in the Residue Chemistry Test Guidelines OPPTS 
860.1000 Table 1. Therefore, the Agency will not revoke the tolerance 
but rather will maintain the tolerance level at 0.5 ppm in 40 CFR 
180.205, which is consistent with the paraquat RED.
    6. Propargite--comment by the PRC. After the public comment period 
extension had ended on October 18, 2004, EPA received comment from the 
PRC, forwarded by the U.S. Department of Commerce's National Institute 
of Standards and Technology, on November 3, 2004. The PRC cited an 
evaluation from a Joint FAO/WHO Meeting on Pesticide Residues (JMPR) 
Evaluations of Pesticide Residues in Food for 2002, and stated that it 
recommends a maximum limit of 100.0 ppm for residues of propargite on 
dry hops and quoted a GAP data under U.S. supervision GAP (1.7 
kilograms active ingredient/hectare (kg ai/ha) to the growing crop at 
an interval of 14 days). Also, the PRC commented on the tolerance 
levels for residues of propargite on garlic and nut, tree, group.
    Agency response. Since the time of the proposed rule of August 4, 
2004 (69 FR 47051), the Codex Alimentarius Commission adopted an MRL 
for propargite on hops, dry at 100.0 milligrams/kilogram (mg/kg). The 
2002 JMPR report cites a GAP for the United States with an application 
rate as 1.8 kg ai/ha (about 1.6 lb active ingredient/acre (ai/A)) and 
states that the meeting recommends a new maximum propargite residue 
level for hops (dry) at 100.0 mg/kg (100.0 ppm). The JMPR report is 
available at the website address http://www.fao.org/ag/agp/agpp/
PesticidJMPR/JMPRreports.htm.
    In the Federal Register on December 13, 2006 (71 FR 74802) (FRL-
8064-3), the Agency finalized tolerance nomenclature changes including 
a revision of ``hop, dried cone'' to ``hop, dried cones.'' Currently in 
40 CFR 180.259, there are tolerances for propargite on both hop at 15.0 
ppm and dried hops at 30.0 ppm. On August 4, 2004 (69 FR 47051), the 
Agency proposed no action on the existing tolerance level for 
propargite residues on hop, dried cones at 30.0 ppm, consistent with 
the propargite RED. On September 22, 1992, Uniroyal submitted a hops 
processing study for use of propargite treated hops in typical beer 
brewing operations. Field trials on hops had used a wettable powder 
formulation where the label calls for two applications of 1.5 lb ai/A 
per year. Residues in dried hops did not exceed the existing tolerance 
of 30.0 ppm following either two applications to hops at 0.9X (1.35 lb 
ai/A) or three applications at 1.5X (2.25 lb ai/A), both with a PHI of 
14 days. Hence, no change in the tolerance level for dried hops was 
recommended by the Agency in the propargite RED.
    Moreover, the beer processing study (MRID 42486301 Ball, J. (1992) 
Omite CR on Hops: Beer Processing Study: Lab Project Number: RP-90043: 
ML91-0271UNI: IR90-747. Unpublished study prepared by Uniroyal 
Chemical Company, Inc. 369 p.) used hops bearing measurable residues up 
to 22.5 ppm propargite on dried hop cones from

[[Page 41921]]

1.5X treated green hops and demonstrated that propargite residues were 
not detected in beer (<0.01 ppm). However, at the time of the 
propargite RED, Codex had a value of 30 mg/kg on dried hops. EPA agrees 
with the commenter that the 100 mg/kg MRL on dried hops for propargite, 
established by Codex, is appropriate based on the data reviewed by the 
2002 JMPR. However, because EPA did not propose any action on hops, 
dried cones in 40 CFR 180.259 for propargite on August 4, 2004 (69 FR 
47051), the Agency will not take action on that tolerance in this 
document. Therefore, EPA intends to propose increasing the tolerance on 
hop, dried cones to harmonize with the Codex MRL in a future 
publication in the Federal Register.
    Also, the tolerance definition of the raw agricultural commodity 
(RAC) for hops is dried cones (PR Notice 93-12; December 23, 1993). 
Therefore, because the RAC for hops is dried hops, whose use is covered 
by the existing tolerance at 30.0 ppm, EPA is revoking the tolerance in 
40 CFR 180.259(a) on hop at 15.0 ppm.
    Also, in response to the comment, there is no tolerance in 40 CFR 
180.259 for propargite on garlic. According to 40 CFR 180.1(g), on 
tolerance definitions, a tolerance on onions or onions (dry bulb only) 
would cover garlic; however, there is also no tolerance in 40 CFR 
180.259 for propargite on onion. In the proposed rule of August 4, 2004 
(69 FR 47051), the Agency did not propose any action on the existing 
tolerances in 40 CFR 180.259 for propargite residues on almond and 
walnut, whose U.S. tolerance levels of 0.1 ppm harmonize with the Codex 
MRLs of 0.1 mg/kg. The representative commodities for the tree nut 
group are almond and pecan. There is no pecan tolerance and no tree nut 
group tolerance for propargite. Both the almond and almond hulls 
tolerances were recommended in the propargite RED to be maintained at 
their current tolerance levels based on available data where treated 
almonds were harvested at 28 days, because a 28-day preharvest interval 
(PHI) is specified on active product labels.
    Based on available data, EPA determined that there is no reasonable 
expectation of finite residues of propargite in poultry meat and meat 
byproducts. These tolerances are no longer needed under 40 CFR 
180.6(a)(3). Therefore, EPA is revoking the commodity tolerances in 40 
CFR 180.259(a) for residues of propargite in or on ``poultry, meat'' 
and ``poultry, meat byproducts.'' Also, EPA is revoking the tolerance 
in 40 CFR 180.259(a) for residues of propargite in or on ``citrus, 
dried pulp'' because residues do not concentrate in dried pulp based on 
a citrus processing study, and therefore the tolerance is no longer 
needed. In addition, EPA is revoking the tolerance in 40 CFR 180.259 
for residues of propargite in or on ``peanut, hulls'' because it is no 
longer considered to be a significant livestock feed commodity and 
therefore the tolerance is no longer needed. The tolerance for peanut 
forage, which had been proposed for revocation, was removed on December 
13, 2006 (71 FR 74802) (FRL-8064-3), when EPA finalized certain 
tolerance nomenclature changes, including the revision of the tolerance 
in 40 CFR 180.259 on peanut, forage to peanut, hay, which then became a 
duplicate tolerance (covered by an existing tolerance for peanut hay).
    Based on field trial data that indicate propargite residues as high 
as 8.3 ppm in or on oranges and 3.8 ppm in or on sorghum grain, the 
Agency determined that the tolerances should be increased to 10.0 ppm 
for oranges and decreased to 5.0 ppm for sorghum grain. Therefore, EPA 
is increasing the tolerance in 40 CFR 180.259(a) on ``orange, sweet'' 
from 5 ppm to 10.0 ppm and revising the terminology to ``orange,'' and 
decreasing the tolerance on ``sorghum, grain'' from 10 ppm to 5.0 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.
    Based on HAFT residues of 4 ppm (residue range 1.6 ppm to 8.3 ppm) 
in oranges and available processing data showing an average 
concentration factor of 7.0x in orange oil, the Agency determined that 
a tolerance should be established for propargite on citrus oil at 30 
ppm. Therefore, EPA is establishing a tolerance in 40 CFR 180.259(a) 
for residues of propargite in ``citrus, oil'' at 30.0 ppm.
    Available processing data indicate that propargite residues do not 
concentrate in aspirated grain fractions of sorghum, but do concentrate 
in aspirated grain fractions of field corn as high as 0.35 ppm. The 
Agency determined that a tolerance should be established for aspirated 
grain fractions at 0.4 ppm. Therefore, EPA is establishing a tolerance 
in 40 CFR 180.259(a) for residues of propargite in or on ``grain, 
aspirated fractions'' at 0.4 ppm.
    In order to conform to current Agency practice, in 40 CFR 
180.259(a), EPA is revising ``corn, forage'' to ``corn, field, forage'' 
and ``corn, sweet, forage;'' ``corn, grain'' to ``corn, field, grain'' 
and ``corn, pop, grain;'' ``mint'' to ``peppermint, tops'' and 
``spearmint, tops;'' and ``sorghum, forage'' to ``sorghum, grain, 
forage.''
    In the proposed rule of August 4, 2004 (69 FR 47051), EPA stated 
that peanut hay is no longer considered to be a significant livestock 
feed commodity. In fact, peanut hay is considered by the Agency to be a 
significant livestock feed item as shown at http://www.epa.gov/
opptsfrs/OPPTS--Harmonized/860--Residue--Chemistry--Test--Guidelines/
Series/ in the Residue Chemistry Test Guidelines OPPTS 860.1000 Table 
1. However, registration labels prohibit the feeding of propargite-
treated peanut hay to livestock as stated in the propargite RED. 
Nevertheless, because in the proposed rule of August 4, 2004 (69 FR 
47051) the Agency did not identify the feeding restriction as a basis 
for proposing revocation of the peanut hay tolerance, the Agency will 
take no action on it in this document. EPA intends to address proposing 
the revocation of the tolerance for residues of propargite in or on 
peanut, hay in a future document to be published in the Federal 
Register.
    No comments were received by the Agency concerning the following.
    7. Diclofop-methyl. As noted in the September 2000 RED, uses of 
diclofop-methyl on lentils and dry peas have been deleted from 
registered labels. The use on lentils may have been canceled since 
1985. Therefore, EPA is revoking the tolerances in 40 CFR 180.385 for 
lentil, seed and pea seeds (dry).
    Also, in support of tolerance reassessment, the registrant 
developed a new enforcement method HRAV-14 gas liquid chromatogragphy/
electron capture detector (HRAV-14 GLC/ECD) and subjected a ruminant 
metabolism study to independent laboratory validation. However, EPA has 
not yet determined that the newly submitted method is valid. The 
current FDA enforcement method for diclofop-methyl is the Pesticide 
Analytical Manual (PAM)-Volume II, which does not detect a metabolite 
of concern, diclofop acid. Therefore, at this time, EPA will not 
establish any new tolerances that are recommended in the diclofop-
methyl RED. The Agency will address establishing such tolerances in a 
future document in the Federal Register.
    8. Diquat dibromide. The Diquat dibromide RED was completed in July 
1995 and the existing tolerances were reassessed according to the FQPA 
standard in the April 2002 TRED. EPA has determined that the tolerance 
expression in 40 CFR 180.226(a)(1) should be amended by defining diquat 
as both a plant growth regulator and

[[Page 41922]]

herbicide. Therefore, EPA is amending the tolerance expression in 40 
CFR 180.226(a)(1) to read `` ... residues of the plant growth regulator 
and herbicide diquat ... ''.
    On July 1, 2003, (68 FR 39427) (FRL-7308-9) EPA revised potato, 
waste, dried in 40 CFR 180.226(a)(1) to read potato, processed potato 
waste, but should have revised it to read potato, processed potato 
waste, dried. Processed, dried potato waste is no longer a significant 
animal feed item. Therefore, EPA is revoking the tolerances for potato, 
processed potato waste in Sec.  180.226(a)(1) and processed, dried 
potato waste in Sec.  180.226(a)(6) because the associated commodities 
are no longer significant animal feed items and these tolerances are 
therefore no longer needed.
    In order to achieve compatibility with CODEX (see Unit III., 
below), EPA is increasing the tolerances in 40 CFR 180.226(a)(1) for 
egg and fat, meat, and meat byproducts of cattle, goats, hogs, horses, 
poultry, and sheep, from 0.02 ppm to 0.05 ppm.
    Available data indicate that residues of diquat in fish and 
shellfish will exceed the established tolerances at current maximum 
registered use patterns. In order to cover all residues of diquat which 
may occur as a result of the currently registered uses, increasing the 
tolerances to 2.0 ppm for fish and 20.0 ppm for shellfish is 
appropriate. Therefore, EPA is increasing the tolerances in 40 CFR 
180.226(a)(2)(i) for residues of diquat on ``fish'' from 0.1 ppm to 2.0 
ppm and ``shellfish'' from 0.1 ppm to 20.0 ppm. The Agency 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 available data concerning diquat residues following irrigation 
indicate that residues in or on blackberry, cowpea, orange, strawberry, 
mustard greens, pasture grass, and tomato may exceed the current 
tolerances for the respective crop groups and that tolerances should be 
increased to 0.05 ppm for citrus fruits, small fruits, fruiting 
vegetables, legume vegetables, and Brassica leafy vegetables, and to 
0.20 ppm for grass forage. Therefore, EPA is increasing the tolerances 
in 40 CFR 180.226(a)(2)(i) for residues of diquat on ``fruit, citrus, 
group 10'' from 0.02 ppm to 0.05 ppm; ``vegetable, fruiting, group 8'' 
from 0.02 ppm to 0.05 ppm; ``vegetable, leafy'' from 0.02 ppm to 0.05 
ppm and revising the terminology to read ``vegetable, leafy, except 
brassica, group 4'' and ``vegetable, brassica, leafy, group 5;'' and by 
increasing the tolerance level for ``vegetable, seed and pod'' from 
0.02 ppm to 0.05 ppm; and ``grass, forage'' from 0.1 ppm to 0.2 ppm and 
revising the terminology to read ``grass, forage, fodder and hay, group 
17.'' Also, EPA is increasing the tolerance in 40 CFR 226(a)(2)(i) for 
residues of diquat on ``fruit, small'' from 0.02 ppm to 0.05 ppm. 
Instead of revising the terminology to read ``fruit, small and berry 
group,'' as was proposed, EPA is revising the terminology consistent 
with the Agency response made in this document to a comment on 
paraquat; i.e., the old terminology of small fruit for diquat will be 
separated into individual tolerances for cranberry, grape, and 
strawberry, as well as berry group 13, each at 0.05 ppm. The Agency 
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.
    While no data are available for the miscellaneous commodities 
avocado, cottonseed, hops, and sugarcane for which tolerances currently 
exist, the Agency determined that data for other crops could be 
translated. Based on the highest residues found in other irrigated 
crops resulting from irrigation with water containing diquat residues, 
the Agency determined that tolerances of 0.20 ppm are appropriate for 
avocado, cottonseed, hops, and sugarcane. Therefore, EPA is increasing 
the tolerances in 40 CFR 180.226(a)(2)(i) for residues of diquat in or 
on ``avocado,'' ``cotton, undelinted seed,'' and ``sugarcane, cane;'' 
each from 0.02 ppm to 0.2 ppm, and ``hop, dried cones'' from 0.02 ppm 
to 0.2 ppm. The Agency 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.
    Because available data show that residues of diquat were as high as 
1.6 ppm on sorghum grain and 0.16 ppm on soybean, the Agency determined 
that tolerances should be established for sorghum grain at 2.0 ppm, and 
both soybean and foliage of legume vegetables at 0.2 ppm. Therefore, 
EPA is establishing tolerances in 40 CFR 180.226(a)(1) for residues of 
diquat in or on ``sorghum, grain, grain'' at 2.0 ppm, ``soybean, seed'' 
at 0.2 ppm, and increasing the tolerance in 40 CFR 180.226(a)(2)(i) on 
``vegetable, foliage of legume, group 7'' from 0.1 ppm 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.
    In addition, soybean processing data indicate that residues of 
diquat concentrated about 3x in soybean hulls processed from soybean 
bearing detectable residues. No concentration of residues was observed 
in other soybean processed fractions. Based on a recommended tolerance 
of 0.2 ppm for soybean and a concentration factor of about 3x in 
soybean hulls, the Agency determined that a tolerance of 0.6 ppm is 
appropriate for residues of diquat on soybean hulls. Therefore, EPA is 
establishing a tolerance for residues of diquat in Sec.  180.226(a)(3) 
for ``soybean, hulls'' at 0.6 ppm.
    Based on field trial data on alfalfa grown for seed that show 
residues of diquat were as high as 2.4 ppm, the Agency determined that 
a tolerance of 3.0 ppm is appropriate and should be established. 
Therefore, EPA is establishing a tolerance in Sec.  180.226(a)(1) for 
``alfalfa, seed'' at 3.0 ppm. Also, in the diquat TRED, EPA recommended 
the establishment of a tolerance on clover seed at 2.0 ppm. However, a 
tolerance for ``clover, seed'' is not needed because clover seed is no 
longer considered by the Agency to be a significant food or feed item.
    EPA is revising commodity terminology to conform to current Agency 
practice as follows: in 40 CFR 180.226(a)(2)(i), ``grain, crop'' to 
read ``grain, cereal, group 15'' and ``grain, cereal, forage, fodder 
and straw, group 16.''
    While the Agency did propose to revise tolerance terminology from 
coffee to coffee, bean in 40 CFR 180.226(a)(3), the Agency did not 
propose in a notice for comment to revise that tolerance on coffee to 
coffee, bean, green, as is current Agency practice. However, section 
553(b)(3)(B) of the Administrative Procedure Act provides that notice 
and comment is not necessary ``when the agency for good cause finds 
(and incorporates the finding and a brief statement of reasons 
therefore in the rules issued) that notice and public procedure thereon 
are impracticable, unnecessary, or contrary to the public interest.'' 
Consequently, for good cause, EPA is revising the tolerance in 40 CFR 
180.226(a)(3) from coffee to coffee, bean, green. The reason for taking 
this action is because such action has no practical impact on the use 
of or exposure to the pesticide active ingredient, diquat, in or on 
that commodity and is made such that the tolerance terminology will 
conform to current Agency practice.
    9. 5-Ethoxy-3-(trichloromethyl)-1,2,4-thiadiazole (etridiazole or 
terrazole). Based on available data, EPA determined that there is no 
reasonable

[[Page 41923]]

expectation of finite residues of etridiazole and its metabolites on or 
in animal livestock commodities. These tolerances are no longer needed 
under 40 CFR 180.6(a)(3). Therefore, EPA is revoking the commodity 
tolerances in 40 CFR 180.370(a) for residues of etridiazole and its 
monoacid metabolite in or on ``cattle, fat;'' ``cattle, meat 
byproducts;'' ``cattle, meat;'' ``egg;'' ``goat, fat;'' ``goat, meat 
byproducts;'' ``goat, meat;'' ``hog, fat;'' ``hog, meat byproducts;'' 
``hog, meat;'' ``horse, fat;'' ``horse, meat byproducts;'' ``horse, 
meat;'' ``milk;'' ``poultry, fat;'' ``poultry, meat byproducts;'' 
``poultry, meat;'' ``sheep, fat;'' ``sheep, meat byproducts;'' and 
``sheep, meat.''
    Since 1989, there have been no active registrations for etridiazole 
use on strawberries and therefore the tolerance is no longer needed. 
Consequently, EPA is revoking the tolerance for strawberry in 40 CFR 
180.370.
    The Agency determined that metabolism data at exaggerated rates of 
etridiazole seed treatments on cotton, soybean, and wheat would support 
seed treatment uses on barley, beans, corn, cotton, peanuts, peas, 
safflower, sorghum, soybeans, and wheat. Residues of etridiazole per se 
were non-detectable on soybeans and wheat, but as high as 0.06 ppm on 
cotton. Residues of the monoacid metabolite are expected not to exceed 
0.04 ppm based on the metabolism data from seed treated at 1-fold 
amounts. Based on these data, the Agency determined that appropriate 
tolerances for combined residues of etridiazole and its monoacid 
metabolite for treated seed should be set at the combined limit of 
quantitation (0.1 ppm) of the available enforcement method. Therefore, 
EPA is increasing the tolerances in 40 CFR 180.370 for ``wheat, grain'' 
from 0.05 ppm to 0.1 ppm, and ``corn, field, grain'' from 0.05 ppm to 
0.1 ppm. Also, EPA is decreasing the tolerance in 40 CFR 180.370 for 
``cotton, undelinted seed'' from 0.20 ppmto 0.1 ppm based on available 
data. In addition, based on available data, EPA is establishing 
tolerances in 40 CFR 180.370 at 0.1 ppm for ``barley, grain;'' 
``barley, hay;'' ``cotton, gin byproducts;'' ``peanut;'' ``safflower, 
seed;'' ``sorghum, grain, forage;'' ``sorghum, grain, grain;'' 
``vegetable, foliage of legume, group 7;'' and ``vegetable, legume, 
group 6.'' The Agency 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.
    In order to conform to current Agency practice, in 40 CFR 180.370, 
EPA is proposing to revise ``corn, forage'' to read ``corn, field, 
forage'' and ``corn, sweet, forage,'' and ``corn, stover'' to read 
``corn, field, stover'' and ``corn, sweet, stover.''
    In the proposed rule of August 4, 2004 (69 FR 47051), EPA stated 
that peanut hay is no longer considered to be a significant livestock 
feed commodity. In fact, peanut hay is considered by the Agency to be a 
significant livestock feed item as shown at http://www.epa.gov/
opptsfrs/OPPTS--Harmonized/860--Residue--Chemistry--Test--Guidelines/
Series/ in the Residue Chemistry Test Guidelines OPPTS 860.1000 Table 
1. Therefore, the Agency intends to address proposing the establishment 
of a tolerance for residues of etridiazole and its monoacid metabolite 
in or on peanut hay in a future document to be published in the Federal 
Register.
    Also in the proposed rule of August 4, 2004 (69 FR 47051), the 
Agency noted the registrant's support of the tomato tolerance in 40 CFR 
180.370 for import purposes and the lack of a FIFRA registration 
because at the time of the RED, the registrant had committed to provide 
additional data in order to maintain the tomato tolerance for import 
purposes. However, since the RED, EPA approved several section 24(c) 
FIFRA registrations for regional domestic use of etridiazole on 
tomatoes. Consequently, EPA will not amend the tolerance in 40 CFR 
180.370 on tomato with a statement regarding the lack of a FIFRA 
registration.
    10. Fenbutatin-oxide. The Fenbutatin-oxide RED was completed in 
September 1994 and the existing tolerances were reassessed according to 
the FQPA standard in the May 2002 TRED. EPA determined that in order to 
better harmonize with Codex, the fenbutatin-oxide (hexakis (2-methyl-2-
phenylpropyl) distannoxane) tolerance expression for plants should 
include the parent compound only. Therefore, in 40 CFR 180.362(a), EPA 
is recodifying plant tolerances in Sec.  180.362(a)(1) and animal 
tolerances in Sec.  180.362(a)(2). Moreover, EPA is revising the 
tolerance expression such that tolerances in Sec.  180.362(a)(1) are 
established for residues of hexakis (2-methyl-2-phenylpropyl) 
distannoxane and tolerances in Sec.  180.362(a)(2) are established for 
the combined residues of hexakis (2-methyl-2-phenylpropyl) distannoxane 
and its organotin metabolites dihydroxybis(2-methyl-2-
phenylpropyl)stannane, and 2-methyl-2-phenylpropylstannoic acid.
    Also, EPA is removing the tolerance in 40 CFR 180.362 for ``plum, 
prune'' because that tolerance is no longer needed since that use is 
covered by the dried plum tolerance. In addition, EPA is revising the 
commodity tolerance terminology ``plum'' to read ``plum, prune, 
fresh.''
    Because available data for almond, pecan, and walnut support a crop 
group tolerance; EPA is reassigning their individual tolerances in 40 
CFR 180.362 into a group tolerance ``nut, tree, group 14'' and 
maintaining the tolerance at 0.5 ppm.
    The Agency determined that a tolerance on apple wet pomace should 
be established at 100 ppm because available apple processing data 
indicate that combined fenbutatin-oxide residues of concern concentrate 
1.7x in wet pomace. Based on that processing data, EPA is establishing 
a tolerance in 40 CFR 180.362(a)(1) for ``apple, wet pomace'' at 100.0 
ppm.
    In addition, EPA is revising commodity terminology in 40 CFR 
180.362 to conform to current Agency practice as follows: ``fruit, 
citrus'' to read ``fruit, citrus, group 10.''
    11. Folpet. EPA is recodifying the tolerance for ``avocado'' at 25 
ppm from 40 CFR 180.191(a) into 40 CFR 180.191(c) as a tolerance with 
regional registration because the use of folpet on avocados is limited 
to the state of Florida, and there is no need for a national tolerance. 
Additional residue data would be required to establish a tolerance for 
folpet use on avocados outside the state of Florida.
    With the exception of ``avocado'' and ``hop, dried cones,'' the 
registrant is supporting the remaining folpet tolerances for import 
purposes only and EPA is designating them as import tolerances with no 
U.S. registrations. These import tolerances are based on the best 
available field trial and storage stability data and assume use at a 
maximum single and seasonal application rate, minimum PHI, and minimum 
retreatment interval for each crop. For some commodities, the import 
tolerances should be lower than the old tolerance with a U.S. 
registration because the import tolerances are based on different use 
information than that on which the previous tolerances were based. 
Therefore, EPA is modifying certain tolerances for folpet to reflect 
the best available foreign field trial data. Therefore, use of folpet 
outside the United States should not exceed the maximum use rate, 
minimum preharvest interval, and retreatment interval specified herein. 
Any use pattern exceeding these maximum single and seasonal application 
rates, minimum PHIs, and minimum retreatment intervals may result in 
residues exceeding U.S. tolerance levels.

[[Page 41924]]

    Available field trial data indicate that folpet residues ranged up 
to 3.67 ppm in or on apples harvested 7 to 10 days following the last 
of several applications (14 day retreatment interval) at 0.8 ppm to 
3.59 kg ai/ha. Based on the available residue field trial data, the 
Agency determined that a tolerance of 5 ppm on apple is appropriate 
provided that use directions do not exceed a maximum single application 
rate of 3.6 kg ai/ha, a maximum seasonal application rate of 10.8 kg 
ai/ha, a minimum PHI of 10 days, and a treatment interval of 14 days. 
Therefore, EPA is decreasing the tolerance in 40 CFR 180.191(a) on 
``apple'' from 25.0 ppm to 5.0 ppm.
    Foreign field trial data on cranberries indicate that folpet 
residues ranged up to 11.2 ppm in or on cranberries harvested 30 days 
following the last of three broadcast applications (separated by a 12- 
to 14-day retreatment interval) at 5.0 Kilogram active ingredient/
hectare/application (kg a.i./ha/application). Although the submitted 
data do not reflect the maximum label use pattern of folpet on 
cranberries (which is limited to only two applications and not three 
applications as tested here), the Agency accepted the current field 
trial data and determined that a tolerance of 15 ppm is appropriate on 
cranberries. Therefore, EPA is decreasing the tolerance in 40 CFR 
180.191(a) for ``cranberry'' from 25.0 ppm to 15.0 ppm.
    Foreign field trial data on onions indicate that folpet residues 
ranged up to 0.406 ppm in or on dry bulb onions harvested 7 days 
following the last of either three or four applications (with a 7-day 
retreatment interval) of folpet at either 1.5- or 1.95 kg ai/ha per 
application. Based on the available residue field trial data, the 
Agency determined that a tolerance of 2.0 ppm is appropriate on dry 
bulb onions provided that the use directions do not exceed a maximum 
application rate of 1.95 kg ai/ha, a minimum PHI of 7 days, and a 7-day 
retreatment interval. Therefore, EPA is decreasing the tolerance in 40 
CFR 180.191(a) for ``onion, dry bulb'' from 15.0 ppm to 2.0 ppm.
    Foreign field trial data on strawberries indicate that folpet 
residues ranged up to 2.56 ppm in or on strawberries harvested 2 days 
following the last of four applications at 1.25 kg ai/ha per 
application. Based on the available residue field trial data, the 
Agency determined that a tolerance of 5 ppm on strawberries is 
appropriate provided the use directions do not exceed a maximum of four 
applications per season at up to 1.25 kg ai/application, and specify a 
retreatment interval of 7 days and a preharvest interval of 2 days. 
Therefore, EPA is decreasing the tolerance in 40 CFR 180.191(a) for 
``strawberry'' from 25.0 ppm to 5.0 ppm.
    Foreign field trial data on grapes indicate that folpet residues 
ranged up to 38.3 ppm in or on grapes harvested 14 days following the 
last of five applications (with a 5- to 7-day retreatment interval) at 
1.49 kg ai/ha per application. Based on the available residue field 
trial data, the Agency determined that a tolerance of 50 ppm on grape 
is appropriate provided that use rates do not exceed a maximum single 
application rate of 1.5 kg ai/ha, a maximum seasonal rate of 8.0 kg ai/
ha, a minimum PHI of 7 days, and a 7-day retreatment interval. 
Therefore, EPA is increasing the tolerance in 40 CFR 180.191(a) for 
``grape'' from 25 ppm to 50.0 ppm. The Agency has determined that the 
increased tolerance is safe; i.e., there is a reasonable certainty that 
no harm will result from aggregate exposure to folpet residues.
    No U.S. registration exists for use of folpet on raisins. However, 
grape processing data show that the average concentration factor from 
grapes to raisins for folpet residues is 1.9x. Based on an average 
concentration factor of 1.9x and a HAFT of 38.3 ppm, the Agency 
determined that for import purposes a tolerance of 80.0 ppm should be 
established for grape, raisin. Therefore, EPA is establishing a 
tolerance in 40 CFR 180.191(a) for ``grape, raisin'' at 80.0 ppm.
    Tolerances for ``lettuce'' and ``tomato'' will be maintained at the 
current level of 50.0 ppm and 25.0 ppm, respectively, for import 
purposes only. There are no U.S. registrations for use of folpet on 
these commodities.
    Foreign field trials for cucumbers harvested 3 to 7 days following 
the last of several applications indicate residues of folpet up to 
0.699 ppm at an application rate up to 1.75 kg/ai/ha. Therefore, EPA 
has determined that a tolerance of 2.0 ppm is appropriate for imported 
cucumbers, provided that use of folpet outside the United States does 
not exceed a maximum single application rate of 1.75 kg ai/ha, a 
maximum seasonal application rate of 8.0 kg ai/ha, a minimum preharvest 
interval of at least 3 days, and a minimum retreatment interval of at 
least 7 days. Also, foreign field trials for melons harvested 7 days 
following the last of up to 6 applications at a maximum application 
rate of 1.75 kg ai/ha (with a 5- to 7-day retreatment interval) 
indicate residues of folpet up to 2.3 ppm. Therefore, EPA has 
determined that a tolerance of 3.0 ppm is appropriate for imported 
melons, provided that use of folpet outside the United States does not 
exceed a maximum single application rate of 1.75 kg ai/ha, a maximum 
seasonal application rate of 10.5 kg ai/ha, a minimum preharvest 
interval of at least 7 days, and a minimum retreatment interval of at 
least 7 days. Based on the available residue field trial data, the 
Agency has determined that the tolerances on cucumber and melon should 
be decreased from 15.0 ppm to 2.0 ppm and from 15.0 ppm to 3.0 ppm, 
respectively. Therefore, EPA is decreasing the tolerances in 40 CFR 
180.191(a) on cucumber to 2.0 ppm and melon to 3.0 ppm.
    The Agency did not propose in a notice for comment to revise the 
tolerance nomenclature for folpet in 40 CFR 180.191(a) from onion, dry 
bulb to onion, bulb, as is current Agency practice. However, section 
553(b)(3)(B) of the Administrative Procedure Act provides that notice 
and comment is not necessary ``when the agency for good cause finds 
(and incorporates the finding and a brief statement of reasons 
therefore in the rules issued) that notice and public procedure thereon 
are impracticable, unnecessary, or contrary to the public interest.'' 
Consequently, for good cause, EPA is revising the tolerance terminology 
in 40 CFR 180.191(a) from onion, dry bulb to read onion, bulb. The 
reason for taking this action is because such action has no practical 
impact on the use of or exposure to the pesticide active ingredient, 
folpet, in or on that commodity and is made such that the tolerance 
terminology will conform to current Agency practice.
    Since the folpet RED was completed in 1999, a tolerance for the 
purpose of importation was established in 40 CFR 180.191(a) for ``hop, 
dried cones'' (68 FR 10377, March 5, 2003)(FRL-7296-2) and later, based 
on the Agency's approval of a petition for a FIFRA registration 
regarding folpet use on U.S. grown hop, dried cones, the tolerance for 
hop, dried cones was amended to delete the statement regarding the lack 
of a FIFRA registration on August 25, 2004 (69 FR 52182) (FRL-7369-1.
    12. Hydramethylnon (Pyrimidinone). EPA is increasing the following 
commodity tolerances in 40 CFR 180.395(a): ``grass (pasture and 
rangeland)'' from 0.05 ppm to 2.0 ppm and revising the terminology to 
``grass, forage'' and ``grass, hay;'' based on available field trial 
data which show residues of hydramethylnon above the current tolerance 
level and label amendments which reflect parameters of use patterns for 
which field trials are available; (i.e., reflect a 0 day post

[[Page 41925]]

harvest interval) since the Agency no longer allows a PHI restriction 
on grass. The tolerance for ``grass hay (pasture and rangeland)'' was 
recommended to be increased from 0.05 ppm to 0.1 ppm, based on 
available field trial data previously discussed and label amendments 
which reflect a 0 day post harvest interval. However, because the 
terminology should be revised to ``grass, hay,'' that tolerance at 0.1 
ppm is no longer needed since it would be a duplicate covered by the 
proposed tolerance at 2.0 ppm. Therefore, EPA is removing the tolerance 
in 40 CFR 180.395(a) for grass hay (pasture and rangeland).
    After the hydramethylnon RED was completed in 1998, a permanent 
tolerance was established in 40 CFR 180.395(a) on pineapple (68 FR 
48302, August 13, 2003)(FRL-7319-5). Since the proposal of August 4, 
2004 (69 FR 47051), the time-limited tolerance for hydramethylnon 
residues on pineapple in 40 CFR 180.395(b), for section 18 emergency 
exemptions, expired on June 30, 2005. The Agency did not propose in a 
notice for comment to remove the text and table with the expired 
tolerance and reserve 40 CFR 180.395(b). However, section 553(b)(3)(B) 
of the Administrative Procedure Act provides that notice and comment is 
not necessary ``when the agency for good cause finds (and incorporates 
the finding and a brief statement of reasons therefore in the rules 
issued) that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' Consequently, for 
good cause, EPA is removing the text and table from 40 CFR 180.395(b) 
and reserving that section for emergency exemptions in this document. 
The reason for taking this action is because such action has no 
practical impact on the use of or exposure to the pesticide active 
ingredient, hydramethylnon, since the sole time-limited tolerance in 40 
CFR 180.395(b) had expired and, as it no longer needs to be codified in 
that section, should be removed for the sake of clarity.
    13. Phosphine. EPA is removing the commodity tolerance in 40 CFR 
180.225(a)(1) for residues of phospine in or on ``pimento;'' because 
under 40 CFR 180.1(g) this tolerance is covered by the existing 
tolerance for pepper.
    14. Picloram. The Picloram RED was completed in March 1995 and the 
existing tolerances were reassessed according to the FQPA standard when 
new tolerances were established on January 5, 1999 (64 FR 418)(FRL-
6039-4). Because the tolerances at 3.0 ppm in 40 CFR 180.292(a)(3) for 
residues of picloram in or on barley, milled fractions (exc flour); 
oat, groats/rolled oats (previously known as oat, milled fractions (exc 
flour)); and wheat, milled fractions (exc flour) are duplicates covered 
by the tolerances at 3.0 ppm in 40 CFR 180.292(a)(2), there is no 
longer a need for them and therefore, EPA is removing the tolerances in 
40 CFR 180.292(a)(3) for residues of picloram in or on barley, milled 
fractions (exc flour); oat, groats/rolled oats, and wheat, milled 
fractions (exc flour).
    Because the time-limited tolerances on aspirated grain fractions, 
sorghum grain, forage, and stover for indirect or inadvertent residues 
in 40 CFR 180.292(d) all expired on December 31, 2000, there is no 
longer a need to codify them in that part. Therefore, EPA is amending 
40 CFR 180.292(d) by removing the existing paragraph and table of 
expired tolerances, and reserving the paragraph designation.
    Based on the concentration of picloram residues in the aspirated 
grain fractions of wheat, EPA is establishing tolerances in 40 CFR 
180.292(a)(1) for ``grain, aspirated fractions'' at 4.0 ppm.
    In order to conform to current Agency practice, in 40 CFR 
180.292(a)(2), EPA is revising ``barley, milled fractions (exc flour)'' 
to read ``barley, pearled barley;'' and ``wheat, milled fractions (exc 
flour)'' to read ``wheat, bran;'' ``wheat, germ;'' ``wheat, 
middlings;'' and ``wheat, shorts.''
    EPA will not take action on the tolerance in 40 CFR 180.292(a)(1) 
for ``grass, forage'' or establish a tolerance for ``grass, hay'' at 
this time due to label and data issues. However, the Agency intends to 
clarify these issues with the registrants.
    15. Triclopyr. EPA has determined that the residue which should be 
regulated in grass and rice commodities and milk, poultry, and eggs is 
triclopyr per se. The Agency has also determined that the residue which 
should be regulated in meat and meat byproducts are the combined 
residues of triclopyr and the metabolite 3,5,6-trichloro-2-pyridinol 
(TCP). Therefore, EPA is revising the tolerance expression in 40 CFR 
180.417(a)(1) to reflect residues of triclopyr per se as a result of 
the application/use of butoxyethyl ester of triclopyr and triethylamine 
salt of triclopyr. In addition, EPA is recodifying tolerances for 
``egg,'' ``milk,'' ``poultry, fat;'' ``poultry, meat byproducts, except 
kidney;'' ``poultry, meat;'' ``rice, grain;'' and ``rice, straw;'' from 
40 CFR 180.417(a)(2) to (a)(1).
    Also, EPA is amending the tolerance expression in 40 CFR 
180.417(a)(2) to reflect the combined residues of the herbicide 
triclopyr ((3,5,6-trichloro-2-pyridinyl)oxy) acetic acid and its 
metabolite 3,5,6-trichloro-2-pyridinol (TCP) as a result of the 
application/use of butoxyethyl ester of triclopyr or the triethylamine 
salt of triclopyr.
    Since the time of the Triclopyr RED, the Agency has determined that 
a proposal by the registrant to increase the tolerance for ``grass, 
forage'' from 500 ppm to 700 ppm is acceptable provided that 
registrations specify a maximum application rate of 2 lb. acid 
equivalents (ae)/A per annual growing season. The dietary risk 
assessment performed as part of the triclopyr RED supports this 
increase. The current tolerances on meat commodities are adequate to 
cover residues that may occur from grazing areas treated at 2 lb. ae/A. 
Therefore, EPA is increasing the tolerance in 40 CFR 180.417(a)(1) on 
``grass, forage'' to 700.0 ppm. Also, the Agency is revising in 40 CFR 
180.417(a)(1) the commodity terminology ``grass, forage, hay'' to read 
``grass, hay'' and decreasing the tolerance from 500.0 ppm to 200.0 
ppm, based on available data and label amendments. 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.
    Since the triclopyr RED was completed in 1997, tolerances were 
established in 40 CFR 180.417(a)(1) for ``fish'' and ``shellfish'' (67 
FR 58712, September 18, 2002)(FRL-7196-7).
    16. Triphenyltin hydroxide (TPTH). Since TPTH residues of concern 
in plant and animal commodities have been determined to include TPTH 
and its monophenyltin (MPTH) and diphenyltin (DPTH) hydroxide and oxide 
metabolites, EPA is revising the tolerance definition in 40 CFR 180.236 
in terms of the combined residues of TPTH and its MPTH and DPTH 
hydroxide and oxide metabolites, expressed in terms of parent TPTH.
    Based on available ruminant feeding data that indicate combined 
TPTH-regulated residues as high as 1.15 ppm in kidney and 3.7 ppm in 
liver, the Agency determined that the appropriate tolerances for kidney 
and liver of cattle, goats, horses, and sheep are 2.0 ppm and 4.0 ppm, 
respectively. Therefore, EPA is increasing the tolerances in 40 CFR 
180.236 for ``cattle, liver;'' ``goat, liver;'' ``horse, liver;'' and 
``sheep, liver;'' each from 0.05 ppm to 4.0 ppm, ``cattle, kidney;'' 
``goat, kidney;'' ``horse, kidney;'' and ``sheep, kidney;'' each from 
0.05 ppm to 2.0 ppm. The Agency 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 41926]]

    Also, because available ruminant feeding data show combined TPTH-
regulated residues as high as 0.14 ppm in fat and 0.34 ppm in meat, the 
Agency determined that the appropriate tolerances should be established 
for fat and meat of cattle, goats, horses, and sheep at 0.2 ppm and 0.5 
ppm, respectively. Moreover, based on non-detectable levels and 
combined LOQs of 0.02 ppm for each metabolite, the Agency determined 
that a tolerance should be established for milk at 0.06 ppm. Therefore, 
EPA is establishing tolerances in 40 CFR 180.236 for ``cattle, fat;'' 
``goat, fat;'' ``horse, fat;'' and ``sheep, fat;'' each at 0.2 ppm; 
``cattle, meat;'' ``goat, meat;'' ``horse, meat;'' and ``sheep, meat;'' 
each at 0.5 ppm, and ``milk'' at 0.06 ppm.
    The ruminant feeding data was also used by the Agency to reassess 
tolerances for swine. EPA determined that tolerances for hog kidney and 
liver should be increased to 0.3 ppm (the combined LOQs of 0.1 ppm for 
residues in kidney, liver and fat), and that these separate tolerances 
should be combined as hog, meat byproducts. In addition, EPA determined 
that tolerances should also be established for hog fat at 0.3 ppm (the 
combined LOQs of 0.1 ppm for each metabolite), and in hog meat at 0.06 
ppm (the combined LOQs of 0.02 ppm for each metabolite). Therefore, EPA 
is revising the commodity tolerances in 40 CFR 180.236 for ``hog, 
kidney'' and ``hog, liver'' at 0.05 ppm into the commodity tolerance 
``hog, meat byproducts'' and increasing the tolerance to 0.3 ppm, and 
establishing tolerances for ``hog, fat'' at 0.3 ppm and ``hog, meat'' 
at 0.06 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.
    Based on available field trial data that show combined TPTH-
regulated residues as high as 9.7 ppm, the Agency determined that a 
tolerance should be established at 10.0 ppm for beet, sugar, tops. 
Therefore, EPA is establishing a tolerance in 40 CFR 180.236 for 
``beet, sugar, tops'' at 10.0 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 
FFDCA. The safety finding determination is found in detail in each 
Post-FQPA RED and TRED for the active ingredient. REDs and TREDs 
recommend the implementation of certain tolerance actions, including 
modifications to reflect current use patterns, to meet safety findings, 
and change commodity names and groupings in accordance with new EPA 
policy. Printed and electronic copies of the REDs and TREDs are 
available as provided in Unit II.A.
    EPA has issued post-FQPA REDs for bromoxynil, diclofop-methyl, 
dicofol, etridiazole (terrazole), folpet, hydramethylnon, iprodione, 
paraquat, phosphine (aluminum and magnesium phosphide), propargite, 
triclopyr, and triphenyltin hydroxide (TPTH), and TREDs for diquat and 
fenbutatin-oxide, whose REDs were both completed prior to FQPA. Also, 
EPA issued a RED prior to FQPA for picloram and in 1999 made a safety 
finding which reassessed its tolerances according to the FFDCA 
standard, maintaining them when new tolerances were established as 
noted in Unit II.A. REDs and TREDs contain the Agency's evaluation of 
the data base for these pesticides, including statements regarding 
additional data on the active ingredients that may be needed to confirm 
the potential human health and environmental risk assessments 
associated with current product uses, and REDs state conditions under 
which these uses and products will be eligible for reregistration. The 
REDs and TREDs recommended the establishment, modification, and/or 
revocation of specific tolerances. RED and TRED recommendations such as 
establishing or modifying tolerances, and in some cases revoking 
tolerances, are the result of assessment under the FFDCA standard of 
``reasonable certainty of no harm.'' However, tolerance revocations 
recommended in REDs and TREDs that are made final in this document do 
not need such assessment when the tolerances are no longer necessary.
    EPA's general practice is to revoke tolerances for residues of 
pesticide active ingredients on crops for which FIFRA registrations no 
longer exist and on which the pesticide may therefore no longer be used 
in the United States. EPA has historically been concerned that 
retention of tolerances that are not necessary to cover residues in or 
on legally treated foods may encourage misuse of pesticides within the 
United 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 90 days following publication of 
this final rule in the Federal Register. EPA has delayed the 
effectiveness of these actions to ensure that all affected parties 
receive notice of EPA's actions. Consequently, the effective date is 
October 30, 2007. For this final rule, the tolerances that were revoked 
because registered uses did not exist concerned uses which have been 
canceled, in some cases, for many years. The Agency believes that 
existing stocks of pesticide products labeled for the uses associated 
with the tolerance revocations have been completely exhausted and that 
treated commodities have had sufficient time for passage through the 
channels of trade.
    Any commodities listed in the regulatory text of this document that 
are treated with the pesticides subject to this final rule, and that 
are in the channels of trade following the tolerance revocations, shall 
be subject to FFDCA section 408(1)(5), as established by 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

[[Page 41927]]

records that verify the dates that the pesticide was applied to such 
food.

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

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

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 the proposed rule, as mentioned in Unit II.A. Furthermore, 
for the pesticides named in this final rule, the Agency knows of no 
extraordinary circumstances that exist as to the present revocations 
that would change EPA's previous analysis. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This final 
rule directly regulates growers, food processors, food handlers and 
food retailers, not States. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of section 408(n)(4) of FFDCA. 
For these same reasons, the Agency has determined that this rule does 
not have any ``tribal implications'' as described in Executive Order 
13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000). Executive Order 13175, 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal Government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.'' This rule will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
the Comptroller

[[Page 41928]]

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: July 23, 2007.
Debra Edwards,
Director, Office of Pesticide Programs.

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

PART 180--AMENDED

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

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


0
2. Section 180.163 is amended by revising the section heading and 
paragraph (a) to read as follows:


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

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

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

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

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Cattle, fat................................................         50.0
Cattle, liver..............................................          5.0
Cattle, meat...............................................          3.0
Cattle, meat byproducts, except liver......................          3.0
Egg........................................................         0.05
Goat, fat..................................................         50.0
Goat, liver................................................          5.0
Goat, meat.................................................          3.0
Goat, meat byproducts, except liver........................          3.0
Hog, fat...................................................         50.0
Hog, liver.................................................          5.0
Hog, meat..................................................          3.0
Hog, meat byproducts, except liver.........................          3.0
Horse, fat.................................................         50.0
Horse, liver...............................................          5.0
Horse, meat................................................          3.0
Horse, meat byproducts, except liver.......................          3.0
Milk, fat (reflecting 0.75 ppm in whole milk)..............         22.0
Poultry, fat...............................................          0.1
Poultry, meat..............................................          0.1
Poultry, meat byproducts...................................          0.1
Sheep, fat.................................................         50.0
Sheep, liver...............................................          5.0
Sheep, meat................................................          3.0
Sheep, meat byproducts, except liver.......................          3.0
------------------------------------------------------------------------

* * * * *

0
3. Section 180.191 is amended by revising paragraph (a) and by adding 
text to paragraph (c) after the paragraph heading to read as follows:


Sec.  180.191  Folpet; tolerances for residues.

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

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

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

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

* * * * *

0
4. Section 180.205 is amended by revising the table in paragraph (a) to 
read as follows:


Sec. 180.205  Paraquat; tolerances for residues.

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Acerola....................................................         0.05
Almond, hulls..............................................          0.5
Animal feed, nongrass, group 18, forage....................         75.0
Animal feed, nongrass, group 18, hay.......................        210.0
Artichoke, globe...........................................         0.05
Asparagus..................................................          0.5
Avocado....................................................         0.05
Banana.....................................................         0.05
Barley, grain..............................................         0.05
Barley, hay................................................          3.5
Barley, straw..............................................          1.0
Bean, dry, seed............................................          0.3
Bean, lima, succulent......................................         0.05
Bean, snap, succulent......................................         0.05
Beet, sugar................................................          0.5
Beet, sugar, tops..........................................         0.05
Berry group 13.............................................         0.05
Cacao bean.................................................         0.05
Carrot, roots..............................................         0.05
Cattle, fat................................................         0.05
Cattle, kidney.............................................          0.5
Cattle, meat...............................................         0.05
Cattle, meat byproducts, except kidney.....................         0.05
Coffee, bean, green........................................         0.05
Corn, field, forage........................................          3.0
Corn, field, grain.........................................          0.1
Corn, field, stover........................................         10.0
Corn, pop, grain...........................................          0.1
Corn, pop, stover..........................................         10.0
Corn, sweet, kernel plus cob with husks removed............         0.05

[[Page 41929]]

 
Cotton, gin byproducts.....................................        110.0
Cotton, undelinted seed....................................          3.5
Cowpea, forage.............................................          0.1
Cowpea, hay................................................          0.4
Cranberry..................................................         0.05
Cucurbits..................................................         0.05
Egg........................................................         0.01
Endive.....................................................         0.05
Fig........................................................         0.05
Fruit, citrus, group 10....................................         0.05
Fruit, pome, group 11......................................         0.05
Fruit, stone, group 12.....................................         0.05
Ginger.....................................................          0.1
Goat, fat..................................................         0.05
Goat, kidney...............................................          0.5
Goat, meat.................................................         0.05
Goat, meat byproducts, except kidney.......................         0.05
Grain, aspirated fractions.................................         65.0
Grape......................................................         0.05
Grass, forage..............................................         90.0
Grass, hay.................................................         40.0
Guar.......................................................          0.5
Guava......................................................         0.05
Hog, fat...................................................         0.05
Hog, kidney................................................          0.5
Hog, meat..................................................         0.05
Hog, meat byproducts, except kidney........................         0.05
Hop, dried cones...........................................          0.5
Horse, fat.................................................         0.05
Horse, kidney..............................................          0.5
Horse, meat................................................         0.05
Horse, meat byproducts, except kidney......................         0.05
Kiwifruit..................................................         0.05
Lentil, seed...............................................          0.3
Lettuce....................................................         0.05
Milk.......................................................         0.01
Mint, hay..................................................          0.5
Nut........................................................         0.05
Nut, tree, group 14........................................         0.05
Okra.......................................................         0.05
Olive......................................................         0.05
Onion, bulb................................................          0.1
Onion, green...............................................         0.05
Papaya.....................................................         0.05
Passionfruit...............................................          0.2
Pea and bean, dried shelled, except soybean, subgroup 6C,            0.3
 except guar bean..........................................
Pea and bean, succulent shelled, subgroup 6B...............         0.05
Pea, dry, seed.............................................          0.3
Pea, field, hay............................................          0.8
Pea, field, vines..........................................          0.2
Pea, succulent.............................................         0.05
Peanut.....................................................         0.05
Peanut, hay................................................          0.5
Persimmon..................................................         0.05
Pineapple..................................................         0.05
Pineapple, process residue.................................         0.25
Pistachio..................................................         0.05
Potato.....................................................          0.5
Rhubarb....................................................         0.05
Rice, grain................................................         0.05
Rice, straw................................................         0.06
Safflower, seed............................................         0.05
Sheep, fat.................................................         0.05
Sheep, kidney..............................................          0.5
Sheep, meat................................................         0.05
Sheep, meat byproducts, except kidney......................         0.05
Sorghum, forage, forage....................................          0.1
Sorghum, grain.............................................         0.05
Sorghum, grain, forage.....................................          0.1
Soybean, forage............................................          0.4
Soybean, hay...............................................         10.0
Soybean, hulls.............................................          4.5
Soybean, seed..............................................          0.7
Strawberry.................................................         0.25
Sugarcane, cane............................................          0.5
Sugarcane, molasses........................................          3.0
Sunflower, seed............................................          2.0
Turnip, greens.............................................         0.05
Turnip, roots..............................................         0.05
Vegetable, brassica, leafy, group 5........................         0.05
Vegetable, cucurbit, group 9...............................         0.05
Vegetable, fruiting, group 8...............................         0.05
Vegetable, legume, edible podded, subgroup 6A..............         0.05
Wheat, forage..............................................          0.5
Wheat, grain...............................................          1.1
Wheat, hay.................................................          3.5
Wheat, straw...............................................         50.0
------------------------------------------------------------------------

* * * * *


Sec.  180.225  [Amended]

0
5. Section 180.225 is amended by removing the entry for ``pimento'' 
from the table in paragraph (a)(1).

0
6. Section 180.226 is amended by revising paragraph (a)(1), the tables 
in paragraph (a)(2)(i) and (a)(3), and by removing paragraph (a)(6) to 
read as follows:


Sec.  180.226  Diquat; tolerances for residues.

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

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Alfalfa, seed..............................................          3.0
Cattle, fat................................................         0.05
Cattle, meat...............................................         0.05
Cattle, meat byproducts....................................         0.05
Egg........................................................         0.05
Goat, fat..................................................         0.05
Goat, meat.................................................         0.05
Goat, meat byproducts......................................         0.05
Hog, fat...................................................         0.05
Hog, meat..................................................         0.05
Hog, meat byproducts.......................................         0.05
Horse, fat.................................................         0.05
Horse, meat................................................         0.05
Horse, meat byproducts.....................................         0.05
Milk.......................................................         0.02
Potato.....................................................          0.1
Poultry, fat...............................................         0.05
Poultry, meat..............................................         0.05
Poultry, meat byproducts...................................         0.05
Sheep, fat.................................................         0.05
Sheep, meat................................................         0.05
Sheep, meat byproducts.....................................         0.05
Sorghum, grain, grain......................................          2.0
Soybean, seed..............................................          0.2
------------------------------------------------------------------------

    (2)(i) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Avocado....................................................          0.2
Berry group 13.............................................         0.05
Cotton, undelinted seed....................................          0.2
Cranberry..................................................         0.05
Fish.......................................................          2.0
Fruit, citrus, group 10....................................         0.05
Fruit, pome, group 11......................................         0.02
Fruit, stone, group 12.....................................         0.02
Grain, cereal, forage, fodder and straw, group 16..........         0.02
Grain, cereal, group 15....................................         0.02
Grape......................................................         0.05
Grass, forage, fodder and hay, group 17....................          0.2
Hop, dried cones...........................................          0.2
Nut, tree, group 14........................................         0.02
Shellfish..................................................         20.0
Strawberry.................................................         0.05
Sugarcane, cane............................................          0.2
Vegetable, brassica, leafy, group 5........................         0.05
Vegetable, cucurbit, group 9...............................         0.02
Vegetable, foliage of legume, group 7......................          0.2
Vegetable, fruiting, group 8...............................         0.05
Vegetable, leafy, except brassica, group 4.................         0.05
Vegetable, root and tuber, group 1.........................         0.02
Vegetable, seed and pod....................................         0.05
------------------------------------------------------------------------

* * * * *
    (3) * * *

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

* * * * *

0
7. Section 180.236 is revised to read as follows:


Sec.  180.236  Triphenyltin hydroxide; tolerances for residues.

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

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Beet, sugar, roots.........................................         0.05
Beet, sugar, tops..........................................         10.0
Cattle, fat................................................          0.2
Cattle, kidney.............................................          2.0

[[Page 41930]]

 
Cattle, liver..............................................          4.0
Cattle, meat...............................................          0.5
Goat, fat..................................................          0.2
Goat, kidney...............................................          2.0
Goat, liver................................................          4.0
Goat, meat.................................................          0.5
Hog, fat...................................................          0.3
Hog, meat..................................................         0.06
Hog, meat byproducts.......................................          0.3
Horse, fat.................................................          0.2
Horse, kidney..............................................          2.0
Horse, liver...............................................          4.0
Horse, meat................................................          0.5
Milk.......................................................         0.06
Pecan......................................................         0.05
Potato.....................................................         0.05
Sheep, fat.................................................          0.2
Sheep, kidney..............................................          2.0
Sheep, liver...............................................          4.0
Sheep, meat................................................          0.5
------------------------------------------------------------------------

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

0
8. Section 180.259 is amended by revising the table in paragraph (a) to 
read as follows:


Sec.  180.259  Propargite; tolerances for residues.

    (a) * * *

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

* * * * *

0
9. Section 180.292 is amended by revising the tables in paragraphs 
(a)(1) and (2), removing paragraph (a)(3), and by removing the text 
from paragraph (d) and reserving the paragraph designation and heading 
to read as follows:


Sec.  180.292  Picloram; tolerances for residues.

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

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

    (2) * * *

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

* * * * *
    (d) Indirect or inadvertent residues. [Reserved]

0
10. Section 180.324 is amended by revising the table in paragraph 
(a)(1) to read as follows:


Sec.  180.324  Bromoxynil; tolerances for residues.

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

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

* * * * *

0
11. Section 180.362 is amended by revising paragraph (a) to read as 
follows:


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

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

[[Page 41931]]



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

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

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

* * * * *

0
12. Section 180.370 is amended by revising the table in paragraph (a) 
to read as follows:


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

    (a) * * *

------------------------------------------------------------------------
                                                              Parts per
                         Commodity                             million
------------------------------------------------------------------------
Barley, grain..............................................          0.1
Barley, hay................................................          0.1
Corn, field, forage........................................          0.1
Corn, field, grain.........................................          0.1
Corn, field, stover........................................          0.1
Corn, sweet, forage........................................          0.1
Corn, sweet, stover........................................          0.1
Cotton, gin byproducts.....................................          0.1
Cotton, undelinted seed....................................          0.1
Peanut.....................................................          0.1
Safflower, seed............................................          0.1
Sorghum, grain, forage.....................................          0.1
Sorghum, grain, grain......................................          0.1
Tomato.....................................................         0.15
Vegetable, foliage of legume, group 7......................          0.1
Vegetable, legume, group 6.................................          0.1
Wheat, forage..............................................          0.1
Wheat, grain...............................................          0.1
Wheat, straw...............................................          0.1
------------------------------------------------------------------------

* * * * *


Sec.  180.385  [Amended]

0
13. Section 180.385 is amended by removing from the table in paragraph 
(a) the entries for ``lentil, seed'' and ``pea seeds (dry)''.

0
14. Section 180.395 is amended by revising the table in paragraph (a) 
and removing the text from paragraph (b), and reserving the paragraph 
designation and heading to read as follows:


Sec.  180.395  Hydramethylnon; tolerances for residues.

    (a) * * *

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

    (b) Section 18 emergency exemptions. [Reserved]
* * * * *

0
15. Section 180.417 is amended by revising paragraph (a) to read as 
follows:


Sec.  180.417  Triclopyr; tolerances for residues.

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

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

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

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

* * * * *

FR Doc. E7-14895 Filed 7-31-07; 8:45 am
BILLING CODE 6560-50-S