Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Endosulfan, etc.,

[Federal Register: September 15, 2006 (Volume 71, Number 179)]

[Rules and Regulations]

[Page 54423-54434]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15se06-12]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2005-0459; FRL-8077-9]

Endosulfan, Fenarimol, Imazalil, Oryzalin, Sodium Acifluorfen, Trifluralin, and Ziram; Tolerance Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is revoking certain tolerances for the insecticide endosulfan; the fungicides fenarimol, imazalil, and ziram; and the herbicide trifluralin. Also, EPA is modifying certain tolerances for the insecticide endosulfan, the fungicides fenarimol and imazalil, and the herbicides sodium acifluorfen and trifluralin. EPA is not modifying tolerances for ziram. In addition, EPA is establishing new tolerances for the insecticide endosulfan, the fungicides fenarimol and imazalil, and the herbicides oryzalin and trifluralin. The regulatory actions in this document are part of the Agency's reregistration program under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

DATES: This regulation is effective September 15, 2006. However, certain regulatory actions will not occur until the date specified in the regulatory text. Objections and requests for hearings must be received on or before November 14, 2006, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA-HQ-OPP-2005-0459. All documents in the docket are listed in the index for the docket. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Kendra Tyler, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-0125; e-mail address: tyler.kendra@epa.gov.

SUPPLEMENTARY INFORMATION:

  1. General Information

    1. 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.

      [[Page 54424]]

      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.

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

      In addition to accessing an electronic copy of this Federal Register document through the electronic docket at http://www.regulations.gov , you may access this ``Federal Register'' document

      electronically through the EPA Internet under the ``Federal Register '' listings at http://www.epa.gov/fedrgstr. You may also access a

      frequently updated electronic version of 40 CFR part 180 through the Government Printing Office's pilot e-CFR site at http://www.gpoaccess.gov/ecfr .

    3. Can I File an Objection or Hearing Request?

      Under section 408(g) of FFDCA, as amended by FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify the docket ID number EPA-HQ-OPP-2005-0459 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before November 14, 2006.

      In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket that is described in ADDRESSES. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit your copies, identified by docket ID number EPA-HQ-OPP-2005-0459, by one of the following methods.

      Federal eRulemaking Portal: http://www.regulations.gov.

      Follow the on-line instructions for submitting comments.

      Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.

      Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305-5805.

  2. Background

    1. What Action is the Agency Taking?

      In the Federal Register of April 26, 2006 (71 FR 24615) (FRL-7771- 9), EPA issued a proposed rule to revoke, modify, and establish certain tolerances and tolerance exemptions for residues of endosulfan, fenarimol, imazalil, oryzalin, sodium acifluorfen, trifluralin, and ziram. The proposal also provided a 60-day comment period which invited public comment for consideration and for support of tolerance retention under FFDCA standards.

      EPA is revoking, removing, modifying, and/or establishing specific tolerances for residues of the insectcide endosulfan; the fungicides fenarimol, imazalil, and ziram; and the herbicides oryzalin, sodium acifluorfen, and trifluralin in or on commodities listed in the regulatory text of this document.

      EPA is finalizing these tolerance actions in order to implement the tolerance recommendations made during the reregistration and when taking action on tolerances and exemptions (including follow-up on canceled or additional uses of pesticides). As part of the reregistration and tolerance reassessment processes, EPA is required to determine whether each of the amended tolerances meets the safety standards under FQPA. The safety finding determination of ``reasonable certainty of no harm'' is found in detail in each RED and TRED for the active ingredient. REDs and TREDs recommend certain tolerance actions to be implemented to reflect current use patterns, to meet safety findings, and to change commodity names and groupings in accordance with new EPA policy. Printed copies of REDs and TREDs may be obtained from EPA's National Service Center for Environmental Publications (EPA/ NSCEP), P.O. Box 42419, Cincinnati, OH 45242-2419; telephone number: 1- 800-490-9198; fax number: 1-513-489-8695; Internet address: http://www.epa.gov/ncepihom and from the National Technical Information

      Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161; telephone number: 1-800-553-6847 or 703-605-6000; Internet address: http://www.ntis.gov. Electronic copies of REDs and TREDs are available on the

      Internet at http://www.epa.gov/pesticides/reregistration/status.htm.

      In this final rule, EPA is revoking certain tolerances and tolerance exemptions because the specific tolerances and exemptions correspond to uses no longer current or registered under FIFRA in the United States. The tolerances revoked by this final rule are no longer necessary to cover residues of the relevant pesticides in or on domestically treated commodities or commodities treated outside but imported into the United States. It is EPA's general practice to revoke those tolerances and tolerance exemptions for residues of pesticide active ingredients on crop uses for which there are no active registrations under FIFRA, unless any person in comments on the proposal indicates a need for the tolerance or tolerance exemption to cover residues in or on imported commodities or domestic commodities legally treated.

      EPA has historically been concerned that retention of tolerances that are not necessary to cover residues in or on legally treated foods may encourage misuse of pesticides within the United States. Thus, it is EPA's policy to issue a final rule revoking those tolerances for residues of pesticide chemicals for which there are no active registrations under FIFRA, unless any person commenting on the proposal demonstrates a need for the tolerance to cover residues in or on imported commodities or domestic commodities legally treated.

      Generally, EPA will proceed with the revocation of these tolerances on the grounds discussed in Unit II.A., if one of the following conditions applies:

      Prior to EPA's issuance of a FFDCA section 408(f) order requesting additional data or issuance of a FFDCA section 408(d) or (e) order revoking the tolerances on other grounds, commenters retract the comment identifying a need for the tolerance to be retained.

      EPA independently verifies that the tolerance is no longer needed.

      [[Page 54425]]

      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 proposed rule of April 26, 2006, EPA received one comment during the 60-day public comment period, as follows:

      Comment by private citizen. A private citizen stated that only zero tolerances should be acceptable. In addition, the commenter expressed a concern for pesticide use in general and their possible toxic effects on plants, wildlife, and humans.

      Agency response. The private citizen's comments did not take issue with any of the Agency's specific conclusions to modify, revoke, or establish certain tolerances. Also, the commenter did not refer to any specific scientific studies which pertained to the reregistration of any active ingredient, or Agency decision document which pertained to 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 the 613 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, pesticide registrants, growers and other pesticide users, environmental and public health interests, the States, the U.S. Department of Agriculture (USDA), 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 FFDCA section 408, 21 U.S.C. 346a, as amended by FQPA. 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 Data Call- In (DCI) notice requesting any product specific data and specific revised labelling 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 labelling, products found to meet FIFRA and FFDCA standards may be reregistered.

      Therefore, EPA believes that the tolerance actions in the proposed rule of April 26, 2006, should be implemented and made final as expressed in this final rule.

      No comments were received by the Agency specific to endosulfan, fenarimol, imazalil, oryzalin, and sodium acifluorfen.

      1. Endosulfan. Currently, the tolerance expression for residues is defined in terms of endosulfan and its metabolite endosulfan sulfate in 40 CFR 180.182. Because the tolerance expression should reflect the alpha- and beta- isomers of the parent compound, EPA is modifying the tolerance expression in 40 CFR 180.182 in order to specify the alpha- and beta- isomers of the parent. Also, EPA is removing the ``(N)'' designation from all entries to conform to current Agency administrative practice (``N'' designation means negligible residues).

        Because no active registrations exist for use of endosulfan on artichoke, globe; beet, sugar, roots; raspberry; safflower, seed; and sunflower, seed, the tolerances are no longer needed. Therefore, EPA is revoking the tolerances in 40 CFR 180.182(a)(1) on artichoke, globe; beet, sugar, roots; raspberry; safflower, seed; and sunflower, seed.

        Based on available data on almond that show combined endosulfan residues of concern are non-detectable (Comment. A comment was received by the Agency from Steve McMaster of Dow AgroSciences (DAS) pertaining to the chemical trifluralin. The Agency proposed revocation of the tolerance for the commodity mung bean sprouts because there are no active registrations for the commodity. DAS pointed out that there is an active registration for mung bean sprouts on a supplemental label for a triflualin product. DAS also asks that the Agency review residue chemistry data that was submitted in November 1998 and January 2005 in support of the mung bean tolerance. They would like to maintain the tolerance for bean, mung, sprouts at 2.0 ppm.

        Agency Response. Because there is an active registration for mung bean sprouts, EPA re-evaluated and reassessed the safety of trifluralin, taking into account the mung bean sprout tolerance. With the addition of the mung bean sprout tolerance, EPA has determined that tolerances for trifluralin remain safe.

      2. Trifluralin. Because there have been no active registered uses for trifluralin on upland cress since 1989, and therefore the tolerances are no longer needed, EPA is revoking the tolerances in 40 CFR 180.207 for residues of trifluralin in or on cress, upland.

        Because adequate residue data exists for field corn grain and data may be bridged from wheat and sorghum processing studies to barley, sorghum, and wheat, the Agency has determined that the commodity group for grain, crops, except corn, sweet and rice is inappropriate and should be revoked concomitant with the establishment of individual tolerances for barley grain and sorghum grain. No active registrations have existed on oats since cancellation of a soil treatment for oats in May 2001, and therefore an oat grain tolerance is not needed. Separate tolerances already exist for corn and wheat grain. Based on translating available residue data from wheat and sorghum processing studies which showed that trifluralin residues were non-detectable (Agency Response. The Agency is not addressing tolerances for quince, onion, and melon in this final rule, but will address the tolerances in a future Federal Register document.

      3. Ziram. Because the associated commodity registrations have not been active since 1991 and the tolerances are no longer needed, EPA is revoking, in 40 CFR 180.116, tolerances for residues of ziram in or on the following: Broccoli; brussel sprouts; carrot, roots; collards; gooseberry; kale; kohlrabi; lettuce; loganberry; peanut; pea; radish, roots; radish, tops; raspberry; rutabaga, roots; rutabaga, tops; spinach; turnip, greens; and turnip, roots.

        Because registrations for the ziram use on eggplant and the use on pepper have not been active since 1994, and the tolerances are no longer needed, EPA is revoking, in 40 CFR 180.116, tolerances for residues of ziram in or on the following: Eggplant and pepper.

        Because registrations for ziram use on bean, celery, cranberry, cucumber, pumpkin, and squash have not been active since 1995, and the tolerances are no longer needed, EPA is revoking, in 40 CFR 180.116, tolerances for residues of ziram in or on the following: Bean, celery, cranberry, cucumber, pumpkin, squash, and squash, summer.

        The last U.S. registration for beet, garden, roots; beet, garden, tops; cabbage; and cauliflower was cancelled due to non-payment of the year 2005 maintenance fee as announced in a Federal Register notice published on August 3, 2005 (70 FR 44637) (FRL-7726-4). The Agency permitted the sale and distribution of existing stocks until January 15, 2006. The Agency believes that there is sufficient time for end users to exhaust those existing stocks and treated commodities to clear the channels of trade by January 15, 2007. Therefore, EPA is revoking the tolerances in 40 CFR 180.116 for ziram residues in or on beet, garden, roots; beet, garden, tops; cabbage; and cauliflower; each with an expiration/revocation date of January 15, 2007.

        Active ziram registrations currently exist for blackberry. However, ziram tolerances at 7.0 ppm on boysenberry, dewberry, and youngberry are no longer needed because their uses are covered by the existing tolerance at 7.0 ppm on blackberry. Therefore, EPA is revoking the tolerances in 40 CFR 180.116 for boysenberry, dewberry, and youngberry.

        In accordance with 40 CFR 180.1(h) which indicates that the tolerance for peach also covers the use in or on nectarines, the tolerance on nectarine is no longer needed. Therefore, EPA is removing the tolerance in 40 CFR 180.116 for residues of ziram in or on nectarine.

        Also, while the ziram RED recommends revocation for the tolerance on strawberry, active registrations associated with the commodity use currently exist, and therefore the tolerance will not be proposed for revocation at this time. The Agency intends to follow up with the registrants and expects to propose revocation in a future Federal Register document.

        In order to conform to current Agency practice in 40 CFR 180.116, EPA is revising the commodity terminology

        [[Page 54431]]

        cherries to cherry, sweet, and cherry, tart.

        The Agency will address other tolerance actions for ziram in a future Federal Register document.

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

      EPA may issue a regulation establishing, modifying, or revoking a tolerance under FFDCA section 408(e). In this final rule, EPA is establishing, modifying, and revoking tolerances to implement the tolerance recommendations made during the reregistration and tolerance reassessment processes, and as follow-up on canceled uses of pesticides. As part of these processes, EPA is required to determine whether each of the amended tolerances meets the safety standards under FQPA. The safety finding determination is found in detail in each RED and TRED for the active ingredient. REDs and TREDs recommend the implementation of certain tolerance actions, including modifications to reflect current use patterns, to meet safety findings, and to 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 endosulfan, imazalil, sodium acifluorfen, and ziram, and TREDs for oryzalin and trifluralin. The imazalil RED was completed after its TRED, and fenarimol had no RED because it was registered after November 1, 1984, and not subject to reregistration. Also, EPA issued a RED prior to FQPA for oryzalin and trifluralin and made a safety finding which reassessed their tolerances according to the FQPA standard, maintaining them when new tolerances were established as noted in Unit II.A. REDs and TREDs contain the Agency's evaluation of the database for these pesticides, including statements regarding additional data on the active ingredients that may be needed to confirm the potential human health and environmental risk assessments associated with current product uses, and REDs state conditions under which these uses and products will be eligible for reregistration. The REDs and TREDs recommended the establishment, modification, and/or revocation of specific tolerances. RED and TRED recommendations such as establishing or modifying tolerances, and in some cases revoking tolerances, are the result of assessment under the FQPA standard of ``reasonable certainty of no harm.'' However, tolerance revocations recommended in REDs and TREDs that are made final in this document do not need such assessment when the tolerances are no longer necessary.

      EPA's general practice is to revoke tolerances for residues of pesticide active ingredients on crops for which FIFRA registrations no longer exist and on which the pesticide may therefore no longer be used in the United States. 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 RACs, 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 (c)).

    3. When Do These Actions Become Effective?

      With the exception of certain tolerances for ziram for which EPA is revoking certain tolerances with specific expiration/revocation dates, the Agency is revoking, modifying, establishing tolerances, and revising specific commodity terminologies effective on the date of publication of this final rule in the Federal Register. With the exception of ziram, the Agency believes that existing stocks of pesticide products labeled for the uses associated with the revoked tolerances have been completely exhausted and that treated commodities have cleared the channels of trade. EPA is revoking certain ziram tolerances with an expiration/revocation date of January 15, 2007. The Agency believes that this revocation date allows users to exhaust stocks and allows sufficient time for passage of treated commodities through the channels of trade.

      Any commodities listed in the regulatory text of this document that are treated with the pesticides subject to this final rule, and that are in the channels of trade following the tolerance revocations, shall be subject to FFDCA section 408(1)(5), as established by FQPA. Under this section, any residues of these pesticides in or on such food shall not render the food adulterated so long as it is shown to the satisfaction of FDA that:

      1. The residue is present as the result of an application or use of the pesticide at a time and in a manner that was lawful under FIFRA.

      2. The residue does not exceed the level that was authorized at the time of the application or use to be present on the food under a tolerance or exemption from tolerance. Evidence to show that food was lawfully treated may include records that verify the dates that the pesticide was applied to such food.

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

    EPA considers CODEX MRLs in setting U.S. tolerances and in reassessing them. MRLs are established by the CODEX Committee on Pesticide Residues, a committee within the CODEX Alimentarius Commission, an international organization formed to promote the coordination of international food standards. When possible, EPA seeks to harmonize U.S. tolerances with CODEX MRLs. EPA may establish a tolerance that is different from a CODEX MRL; however, FFDCA section 408(b)(4) requires that EPA explain in a Federal Register document the reasons for departing from the CODEX level. EPA's effort to harmonize with CODEX MRLs is summarized in the tolerance reassessment section of individual REDs. EPA has developed guidance concerning submissions for import tolerance support (65 FR 35069, June 1, 2000) (FRL-6559-3). This guidance will be made available to interested persons. Electronic copies are available on the Internet at http://www.epa.gov. On the Home

    Page select ``Laws, Regulations, & Dockets'' then select ``Regulations and Proposed Rules'' and then look up the entry for this document under ``Federal Register--Environmental Documents.'' You can also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.

  4. Statutory and Executive Order Reviews

    In this final rule EPA establishes tolerances under FFDCA section 408(e), and also modifies and revokes specific

    [[Page 54432]]

    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 final rule, the Agency hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities. In a memorandum dated May 25, 2001, EPA determined that eight conditions must all be satisfied in order for an import tolerance or tolerance exemption revocation to adversely affect a significant number of small entity importers, and that there is a negligible joint probability of all eight conditions holding simultaneously with respect to any particular revocation. (This Agency document is available in the docket for this final rule). Furthermore, for the pesticides named in this final rule, the Agency knows of no extraordinary circumstances that exist as to the present revocations that would change EPA's previous analysis. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive order to include regulations that have ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This final rule directly regulates growers, food processors, food handlers, and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408(n)(4) of FFDCA. For these same reasons, the Agency has determined that this rule does not have any ``tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' ``Policies that have tribal implications'' is defined in the Executive order to include regulations that have ``substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.'' This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.

  5. Congressional Review Act

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

    List of Subjects in 40 CFR Part 180

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

    Dated: September 8, 2006. James J. Jones, Director, Office of Pesticide Programs.

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

    PART 180--[AMENDED]

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

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

    0 2. Section 180.116 is amended by revising the table in paragraph (a) to read as follows:

    Sec. 180.116 Ziram; tolerances for residues.

    (a) General. * * *

    Expiration/ Commodity

    Parts per Revocation million

    Date

    Almond........................................ 0.1 \1\

    None Apple......................................... 7.0 \1\

    None

    [[Page 54433]]

    Apricot....................................... 7.0 \1\

    None Beet, garden, roots........................... 7.0 \1\ 1/15/07 Beet, garden, tops............................ 7.0 \1\ 1/15/07 Blackberry.................................... 7.0 \1\

    None Blueberry..................................... 7.0 \1\

    None Cabbage.......................................

    7.0 1/15/07 Cauliflower...................................

    7.0 1/15/07 Cherry, sweet................................. 7.0 \1\

    None Cherry, tart.................................. 7.0 \1\

    None Grape.........................................

    7.0

    None Huckleberry...................................

    7.0

    None Melon.........................................

    7.0

    None Onion.........................................

    7.0

    None Peach.........................................

    7.0

    None Pear.......................................... 7.0 \1\

    None Pecan.........................................

    0.1

    None Quince........................................ 7.0 \1\

    None Strawberry....................................

    7.0

    None Tomato........................................ 7.0 \1\

    None

    \1\ See footnote to Sec. 180.114.

    0 3. Section 180.182 is amended by revising paragraph (a) to read as follows:

    Sec. 180.182 Endosulfan; tolerances for residues.

    (a) General. (1) Tolerances are established for the combined residues of the insecticide endosulfan, 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin-3-oxide (alpha and beta isomers), and its metabolite endosulfan sulfate, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3- benzodioxathiepin-3,3-dioxide, in or on the following food commodities:

    Commodity

    Parts per million

    Alfalfa, fresh.......................................

    0.3 Alfalfa, hay.........................................

    1.0 Almond...............................................

    0.3 Almond, hulls........................................

    1.0 Apple................................................

    1.0 Apple, wet pomace....................................

    5.0 Apricot..............................................

    2.0 Barley, grain........................................

    0.3 Barley, straw........................................

    0.4 Bean.................................................

    2.0 Blueberry............................................

    0.3 Broccoli.............................................

    3.0 Brussels sprouts.....................................

    2.0 Cabbage..............................................

    4.0 Carrot, roots........................................

    0.2 Cattle, fat..........................................

    13.0 Cattle, liver........................................

    5.0 Cattle, meat.........................................

    2.0 Cattle, meat byproducts, except liver................

    1.0 Cauliflower..........................................

    2.0 Celery...............................................

    8.0 Cherry, sweet........................................

    2.0 Cherry, tart.........................................

    2.0 Collards.............................................

    2.0 Corn, sweet, forage..................................

    12.0 Corn, sweet, kernel plus cob with husks removed......

    0.2 Corn, sweet, stover..................................

    14.0 Cotton, gin byproducts...............................

    30.0 Cotton, undelinted seed..............................

    1.0 Eggplant.............................................

    1.0 Goat, fat............................................

    13.0 Goat, liver..........................................

    5.0 Goat, meat...........................................

    2.0 Goat, meat byproducts, except liver..................

    1.0 Grape................................................

    2.0 Hazelnut.............................................

    0.2 Hog, fat.............................................

    13.0 Hog, liver...........................................

    5.0 Hog, meat............................................

    2.0 Hog, meat byproducts, except liver...................

    1.0 Horse, fat...........................................

    13.0 Horse, liver.........................................

    5.0 Horse, meat..........................................

    2.0 Horse, meat byproducts, except liver.................

    1.0 Kale.................................................

    2.0 Lettuce, head........................................

    11.0 Lettuce, leaf........................................

    6.0 Milk, fat............................................

    2.0 Mustard greens.......................................

    2.0 Mustard, seed........................................

    0.2 Nectarine............................................

    2.0 Nut, macadamia.......................................

    0.2 Oat, grain...........................................

    0.3 Oat, straw...........................................

    0.4 Pea, succulent.......................................

    2.0 Peach................................................

    2.0 Pear.................................................

    2.0 Pecan................................................

    0.2 Pepper...............................................

    2.0 Pineapple............................................

    1.0 Pineapple, process residue...........................

    20.0 Plum.................................................

    2.0 Plum, prune..........................................

    2.0 Potato...............................................

    0.2 Rapeseed, seed.......................................

    0.2 Rye, grain...........................................

    0.3 Rye, straw...........................................

    0.3 Sheep, fat...........................................

    13.0 Sheep, liver.........................................

    5.0 Sheep, meat..........................................

    2.0 Sheep, meat byproducts, except liver.................

    1.0 Spinach..............................................

    2.0 Strawberry...........................................

    2.0 Sugarcane, cane......................................

    0.5 Sweet potato, roots..................................

    0.15 Tomato...............................................

    1.0 Turnip, roots........................................

    0.2 Turnip, tops.........................................

    2.0 Vegetable, cucurbit, group 9.........................

    1.0 Walnut...............................................

    0.2 Watercress...........................................

    2.0 Wheat, grain.........................................

    0.3 Wheat, straw.........................................

    0.4

    (2) A tolerances of 24 parts per million (ppm) is established for the combined residues of the insecticide endosulfan, 6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3-benzodioxathiepin- 3-oxide (alpha and beta isomers), and its metabolite endosulfan sulfate, 6,7,8,9,10,10-hexachloro-1,5,5a,6,9,9a-hexahydro-6,9-methano- 2,4,3-benzodioxathiepin-3,3-dioxide, in or on dried tea (reflecting less than 0.1 ppm residues in beverage tea) resulting from application of the insecticide to growing tea. * * * * *

    0 4. Section 180.207 is amended by revising paragraph (a) to read as follows:

    Sec. 180.207 Trifluralin; tolerances for residues.

    (a) General. Tolerances are established for residues of the herbicide and plant growth regulator trifluralin, alpha, alpha, alpha- trifluoro-2,6-dinitro-N,N-dipropyl-p-toluidine, in or on the following raw agricultural commodities:

    Commodity

    Parts per million

    Alfalfa, forage......................................

    3.0 Alfalfa, hay.........................................

    2.0 Almond, hulls........................................

    0.05 Asparagus............................................

    0.05 Barley, grain........................................

    0.05 Barley, hay..........................................

    0.05 Barley, straw........................................

    0.05 Bean, mung, sprouts..................................

    2.0 Carrot, roots........................................

    1.0 Celery...............................................

    0.05 Corn, field, forage..................................

    0.05 Corn, field, grain...................................

    0.05 Corn, field, stover..................................

    0.05 Cotton, gin byproducts...............................

    0.05 Cotton, undelinted seed..............................

    0.05 Endive...............................................

    0.05 Flax, seed...........................................

    0.05 Fruit, citrus, group 10..............................

    0.05 Fruit, stone, group 12...............................

    0.05 Grape................................................

    0.05 Hop, dried cones.....................................

    0.05 Mustard, seed........................................

    0.05 Nut, tree, group 14..................................

    0.05 Okra.................................................

    0.05 Peanut...............................................

    0.05 Peanut, hay..........................................

    0.05 Peppermint oil.......................................

    2.0 Peppermint, tops.....................................

    0.05 Rapeseed, seed.......................................

    0.05 Safflower, seed......................................

    0.05 Sorghum, grain, forage...............................

    0.05 Sorghum, grain, grain................................

    0.05 Sorghum, grain, stover...............................

    0.05 Spearmint oil........................................

    2.0 Spearmint, tops......................................

    0.05 Sugarcane, cane......................................

    0.05 Sunflower, seed......................................

    0.05 Vegetable, brassica, leafy group 5...................

    0.05 Vegetable, bulb, group 3.............................

    0.05 Vegetable, cucurbit, group 9.........................

    0.05 Vegetable, foliage of legume, group 7................

    0.05 Vegetable, fruiting, group 8.........................

    0.05 Vegetable, leaves of root and tuber, group 2.........

    0.05 Vegetable, legume, group 6...........................

    0.05

    [[Page 54434]]

    Vegetable, root and tuber, group 1, except carrot....

    0.05 Wheat, grain.........................................

    0.05 Wheat, straw.........................................

    0.05

    * * * * *

    0 5. Section 180.304 is revised to read as follows:

    Sec. 180.304 Oryzalin; tolerances for residues.

    (a) General. Tolerances are established for residues of the herbicide oryzalin, 3,5-dinitro-N4,N4- dipropylsulfanilamide, in or on the following raw agricultural commodities:

    Commodity

    Parts per million

    Almond, hulls........................................

    0.05 Avocado..............................................

    0.05 Berry, group 13......................................

    0.05 Cranberry............................................

    0.05 Fig..................................................

    0.05 Fruit, citrus, group 10..............................

    0.05 Fruit, pome, group 11................................

    0.05 Fruit, stone, group 12...............................

    0.05 Grape................................................

    0.05 Kiwifruit............................................

    0.05 Nut, tree, group 14..................................

    0.05 Olive................................................

    0.05 Pistachio............................................

    0.05 Pomegranate..........................................

    0.05 Strawberry...........................................

    0.05

    (b) Section 18 emergency exemptions. [Reserved]

    (c) Tolerances with regional registrations. Tolerances with regional registration, as defined in Sec. 180.1(n), are established for residues of oryzalin, 3,5-dinitro-N4,N4- dipropylsulfanilamide, in or on the following raw agricultural commodities:

    Commodity

    Parts per million

    Guava................................................

    0.05 Papaya...............................................

    0.05

    (d) Indirect or inadvertent residues. [Reserved]

    0 6. Section 180.383 is amended by revising paragraph (a) to read as follows:

    Sec. 180.383 Sodium salt of acifluorfen; tolerances for residues.

    (a) General. Tolerances are established for combined residues of the herbicide sodium salt of acifluorfen, sodium 5-[2-chloro-4- (trifluoromethyl)phenoxy]-2-nitrobenzoate, and its metabolites (the corresponding acid, methyl ester, and amino analogues) in or on the following raw agricultural commodities:

    Commodity

    Parts per million

    Peanut...............................................

    0.1 Rice, grain..........................................

    0.1 Rice, straw..........................................

    0.2 Soybean, seed........................................

    0.1 Strawberry...........................................

    0.05

    * * * * *

    0 7. Section 180.413 is amended by revising paragraph (a) to read as follows:

    Sec. 180.413 Imazalil; tolerances for residues.

    (a) General. (1) Tolerances are established for the combined residues of the fungicide imazalil, 1-[2-(2,4-dichlorophenyl)-2-(2- propenyloxy)ethyl]-1H-imidazole, and its metabolite, 1-(2,4- dichlorophenyl)-2-(1H-imidazole-1-yl)-1-ethanol, in or on the following food commodities:

    Commodity

    Parts per million

    Banana...............................................

    3.0 Barley, grain........................................

    0.1 Barley, hay..........................................

    0.5 Barley, straw........................................

    0.5 Citrus, dried pulp...................................

    25.0 Citrus, oil..........................................

    200.0 Fruit, citrus, postharvest...........................

    10.0 Wheat, forage........................................

    0.5 Wheat, grain.........................................

    0.1 Wheat, hay...........................................

    0.5 Wheat, straw.........................................

    0.5

    (2) Tolerances are established for the combined residues of the fungicide imazalil, 1-[2-(2,4-dichlorophenyl)-2-(2-propenyloxy)ethyl]- 1H-imidazole, and its metabolites, 3-[2-(2,4-dichlorophenyl)-2-(2,3- dihydroxypropoxy)ethyl]-2,4-imidazolidinedione (FK772) and 3-[2-(2,4- dichlorophenyl)-2-(hydroxy)]-2,4-imidazolidinedione (FK284), in or on the following food commodities:

    Commodity

    Parts per million

    Cattle, fat..........................................

    0.01 Cattle, meat.........................................

    0.01 Cattle, meat byproducts..............................

    0.2 Goat, fat............................................

    0.01 Goat, meat...........................................

    0.01 Goat, meat byproducts................................

    0.2 Horse, fat...........................................

    0.01 Horse, meat..........................................

    0.01 Horse, meat byproducts...............................

    0.2 Milk.................................................

    0.02 Sheep, fat...........................................

    0.01 Sheep, meat..........................................

    0.01 Sheep, meat byproducts...............................

    0.2

    * * * * *

    0 8. Section 180.421 is amended by revising paragraph (a) to read as follows:

    Sec. 180.421 Fenarimol; tolerances for residues.

    (a) General. Tolerances are established for residues of the fungicide fenarimol, alpha-(2-chlorophenyl)-alpha-(4-chlorophenyl)-5- pyrimidinemethanol, in or on the following raw agricultural commodities:

    Commodity

    Parts per million

    Apple................................................

    0.1 Apple, wet pomace....................................

    0.3 Banana...............................................

    0.25 Cattle, fat..........................................

    0.01 Cattle, kidney.......................................

    0.01 Cattle, meat.........................................

    0.01 Cattle, meat byproducts, except kidney...............

    0.05 Cherry, sweet........................................

    1.0 Cherry, tart.........................................

    1.0 Goat, fat............................................

    0.01 Goat, kidney.........................................

    0.01 Goat, meat...........................................

    0.01 Goat, meat byproducts, except kidney.................

    0.05 Grape................................................

    0.1. Hazelnut.............................................

    0.02 Horse, fat...........................................

    0.01 Horse, kidney........................................

    0.01 Horse, meat..........................................

    0.01 Horse, meat byproducts, except kidney................

    0.05 Pear.................................................

    0.1 Pecan................................................

    0.02 Sheep, fat...........................................

    0.01 Sheep, kidney........................................

    0.01 Sheep, meat..........................................

    0.01 Sheep, meat byproducts, except kidney................

    0.05

    [FR Doc. E6-15258 Filed 9-14-06; 8:45 am]

    BILLING CODE 6560-50-S

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