p-Chlorophenoxyacetic acid, Glyphosate, Difenzoquat, and Hexazinone; Tolerance Actions, 56392-56399 [E6-15840]
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sroberts on PROD1PC70 with RULES
56392
Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations
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 under 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 Agency
action under Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are
established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. 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’’
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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.
2. Section 180.622 is added to read as
follows:
I
§ 180.622 Ethaboxam; tolerances for
residues.
(a) General. Tolerances are
established for residues of ethaboxam,
N-(cyano-2-thienylmethyl)-4-ethyl-2(ethlyamino)-5-thiazolecarboxamide in
or on the following commodity:
Commodity
Parts per
million
Grape1 ......................................
6.0
1
There is no U.S. registration as of September 27, 2006
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 06–8176 Filed 9–26–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
VII. Congressional Review Act
40 CFR Part 180
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).
[EPA–HQ–OPP–2006–0036; FRL–8089–6]
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 13, 2006.
James Jones,
Director, Office of Pesticide Programs.
Therefore, 40 CFR part 180 is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
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p-Chlorophenoxyacetic acid,
Glyphosate, Difenzoquat, and
Hexazinone; Tolerance Actions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is revoking certain
tolerances for the plant growth regulator
p-chlorophenoxyacetic acid and the
herbicide hexazinone. Also, EPA is
modifying certain tolerances for the
plant growth regulator pchlorophenoxyacetic acid and the
herbicides glyphosate, difenzoquat, and
hexazinone. In addition, EPA is
establishing new tolerances for the
herbicides difenzoquat and hexazinone.
DATES: This regulation is effective
September 27, 2006. Objections and
requests for hearings must be received
on or before November 27, 2006, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0036. All documents in the
docket are listed in the index for the
docket. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
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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
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm.
S–4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The Docket Facility is open from
8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The
Docket Facility telephone number is
(703) 305–5805.
FOR FURTHER INFORMATION CONTACT: Jane
Smith, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
0048; e-mail address: smith.janescott@epa.gov.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with RULES
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.
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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 https://
www.regulations.gov, you may access
this ‘‘Federal Register’’ document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://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 https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, as
amended by FQPA, any person may file
an objection to any aspect of this
regulation and may also request a
hearing on those objections. The EPA
procedural regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2006–0036 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before November 27, 2006.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2006–0036, by one of
the following methods.
• Federal eRulemaking Portal: https://
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
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deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of June 7, 2006
(71 FR 32899) (FRL–8062–7), EPA
issued a proposed rule to revoke,
remove, modify, and establish certain
tolerances and/or tolerance exemptions
for residues of the plant growth
regulator p-chlorophenoxyacetic acid
and the herbicides glyphosate,
difenzoquat, and hexazinone. The
proposal of June 7, 2006 also provided
a 60–day comment period which invited
public comment for consideration and
for support of tolerance retention under
FFDCA standards.
EPA is revoking, removing,
modifying, and establishing specific
tolerances for residues of the plant
growth regulator p-chlorophenoxyacetic
acid and the herbicides glyphosate,
difenzoquat, and hexazinone in or on
commodities listed in the regulatory
text.
EPA is finalizing these tolerance
actions in order to implement the
tolerance recommendations made
during the reregistration and tolerance
reassessment processes (including
follow-up on canceled or additional
uses of pesticides). As part of
reregistration and when taking action on
tolerances and exemptions, EPA is
required to determine whether each of
the amended tolerances or exemptions
meets the safety standards under FQPA.
The safety finding determination of
‘‘reasonable certainty of no harm’’ is
found in detail in each RED and TRED
for the active ingredient. REDs and
TREDs recommend certain tolerance
actions to be implemented to reflect
current use patterns, to meet safety
findings, and change commodity names
and groupings in accordance with new
EPA policy. Printed copies of REDs and
TREDs may be obtained from EPA’s
National Service Center for
Environmental Publications (EPA/
NSCEP), P.O. Box 42419, Cincinnati,
OH 45242–2419; telephone number: 1–
800–490–9198; fax number: 1–513–489–
8695; Internet address: https://
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: https://
www.ntis.gov. Electronic copies of REDs
and TREDs are available on the internet
at https://www.epa.gov/pesticides/
reregistration/status.htm.
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In this final rule, EPA is revoking
certain tolerances and tolerance
exemptions because these specific
tolerances and exemptions correspond
to uses no longer current or registered
under Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) in the
United States. The tolerances revoked
by this final rule are no longer necessary
to cover residues of the relevant
pesticides in or on domestically treated
commodities or commodities treated
outside but imported into the United
States. It is EPA’s general practice to
revoke those tolerances and tolerance
exemptions for residues of pesticide
active ingredients on crop uses for
which there are no active registrations
under FIFRA, unless any person in
comments on the proposal indicates a
need for the tolerance or tolerance
exemption to cover residues in or on
imported commodities or domestic
commodities legally treated.
EPA has historically been concerned
that retention of tolerances that are not
necessary to cover residues in or on
legally treated foods may encourage
misuse of pesticides within the United
States. Thus, it is EPA’s policy to issue
a final rule revoking those tolerances for
residues of pesticide chemicals for
which there are no active registrations
under FIFRA, unless any person
commenting on the proposal
demonstrates a need for the tolerance to
cover residues in or on imported
commodities or domestic commodities
legally treated.
Generally, EPA will proceed with the
revocation of these tolerances on the
grounds discussed in Unit II.A. if one of
the following conditions applies:
— Prior to EPA’s issuance of a FFDCA
section 408(f) order requesting
additional data or issuance of a FFDCA
section 408(d) or (e) order revoking the
tolerances on other grounds,
commenters retract the comment
identifying a need for the tolerance to be
retained.
— EPA independently verifies that
the tolerance is no longer needed.
— The tolerance is not supported by
data that demonstrate that the tolerance
meets the requirements under FQPA.
This final rule does not revoke those
tolerances for which EPA received
comments stating a need for the
tolerance to be retained. In response to
the proposal published in the Federal
Register of June 7, 2006, EPA received
three comments during the 60–day
public comment period, as follows:
• Comment. A comment was received
from a private citizen that expressed
concern with pesticide residues in
general and that animals should eat
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quality foods. The individual stated that
pesticide residue levels should be zero.
• Agency response. The private
citizen’s comment did not take issue
with the Agency’s conclusion that
certain tolerances should be revoked. It
is EPA’s general practice to propose
revocation of tolerances for residues of
pesticide active ingredients on crop uses
for which FIFRA registrations no longer
exist. EPA has historically been
concerned that retention of tolerances
that are not necessary to cover residues
in or on legally treated foods may
encourage misuse of pesticides within
the United States.
1. Hexazinone.
• Comment. A comment was received
from DuPont Crop Protection who
requested that the current regional
tolerances on sugarcane, cane and
sugarcane molasses in 40 CFR
180.396(c), which excludes use of
hexazinone on sugarcane in Florida, be
codified as general tolerances. The
commenter stated that two of DuPont
Crop Protection’s registrations for use of
hexazinone on sugarcane in Florida are
currently active.
Also, the commenter requested that
EPA not revoke the tolerances in 40 CFR
180.396 for fat of cattle, goats, hogs,
horses, and sheep, and meat and meat
byproducts of hogs because later this
year it will submit grass residue data to
support a revised zero–day forage/
grazing restriction (current labels show
a 60–day restriction which is not
considered to be practical by the
Agency). The commenter stated that it
expects increased residues warranting a
revision of existing tolerances for both
grass and hay as livestock feed
commodities.
In addition, the commenter stated that
an analysis on current hexazinone
registrations for use on cattle feed
commodities conducted by the Florida
Department of Agriculture and
Consumer Services in 2005 may show
that tolerances for hexazinone on meat,
meat byproducts, and in milk may be
exceeded based on a maximum
theoretical dietary burden.
• Agency response. Since the time of
the 2002 hexazinone TRED, EPA agrees
that the Agency did approve two
registrations submitted by DuPont Crop
Protection for use of hexazinone on
sugarcane in Florida. Based on these
registrations, EPA believes that since
there are no regional sugarcane
registrations that specifically exclude
hexazinone use in Florida; therefore,
these tolerances need not be codified as
regional. Since this regulatory action
was not in the original Federal Register
proposal, recodifying the sugarcane,
cane and sugarcane molasses tolerances
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from 40 CFR 180.396(c) to (a) as general
tolerances will need to be proposed
separately in a future action. Moreover,
in its comment, DuPont Crop Protection
did not take issue with the Agency’s
proposal to modify the sugarcane
tolerances. Available data indicate
combined residues of hexazinone and
its regulated metabolites were <0.35
parts per million (ppm) in or on
sugarcane. Based on the combined
LOQs (0.55 ppm) of the enforcement
method for parent plus metabolites, the
Agency determined that the tolerance
for sugarcane, cane should be increased
to 0.6 ppm. Also, based on available
sugarcane processing data, the Agency
determined that residues of hexazinone
and its metabolites concentrated 32–fold
to final (blackstrap) molasses, the form
of molasses typically fed to livestock.
After adjusting for the 2.0x degree of
exaggeration used in the processing
study, the Agency determined that
while the calculated residue was greater
than the recommended tolerance for the
raw agricultural commodity (sugarcane,
cane), it was below the current tolerance
level for sugarcane molasses and should
be decreased to 4.0 ppm. Therefore, in
40 CFR 180.396(c) EPA is increasing the
tolerance for combined hexazinone
residues of concern in or on sugarcane,
cane from 0.2 to 0.6 ppm and decreasing
the tolerance in or on sugarcane
molasses from 5.0 to 4.0 ppm, and
revising sugarcane molasses to
sugarcane, molasses. The Agency
determined that the increased tolerance
is safe; i.e., there is a reasonable
certainty that no harm will result from
aggregate exposure to the pesticide
chemical residue.
When EPA proposed to revoke the
tolerances in 40 CFR 180.396 for fat of
cattle, goats, hogs, horses, and sheep,
and meat and meat byproducts of hogs,
it did so based on available exaggerated
feeding data from which the Agency
determined that there is no reasonable
expectation of finite hexazinone
residues of concern in livestock from
treated feed. However, because DuPont
Crop Protection will submit new data
later this year and information from the
State of Florida may need to be
considered by the Agency, EPA will not
revoke these specific fat, meat, and meat
byproduct tolerances at this time. When
the information from the State of Florida
and submitted data from DuPont Crop
Protection have been reviewed, EPA
will re-evaluate these tolerances under
FFDCA. If data are not submitted in the
near future or if data adequate to
support a safety finding are lacking,
EPA intends to revoke the tolerances on
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cattle, fat; sheep, fat; hog, meat; and hog,
meat byproducts in 40 CFR 180.396.
The TRED mentions the need for
additional method validation of Method
AMR 3783–6 for determining
hexazinone (parent and metabolite)
levels in milk and livestock tissues. The
method has undergone successful
independent validation and
radiovalidation studies. Additional
validation by EPA laboratories is not
required. The method is considered
adequate for enforcement purposes for
residues of hexazinone (and
metabolites) in milk and livestock
tissues.
According to the TRED, the tolerance
expression, which is currently
expressed as hexazinone and its
metabolites (calculated as hexazinone)
in 40 CFR 180.396(a) for plant, animal,
and milk commodities for general
tolerances should be modified to
include all the specific metabolites in
plants, animal tissue and milk.
Consequently, EPA is separating and
recodifying plant, animal, and milk
tolerances from 40 CFR 180.396(a) to
(a)(1), (a)(2), and (a)(3), respectively. In
the Federal Register proposal of June 7,
2006, the C-1 metabolite was
inadvertently included in 40 CFR
180.396(a)(3).
After correction of the exaggerated
feeding dose (62.5x) for cattle, goats,
horses, and sheep, the Agency
determined that residue levels of
hexazinone and its metabolites ranged
as high as 0.09 ppm (just below the sum
of the LOQs or 0.1 ppm), and therefore
meat and meat byproduct tolerances
should be maintained in newly
recodified 40 CFR 180.396(a)(2) at 0.1
ppm for cattle, goats, horses, and sheep.
In addition, after correction of the
exaggerated feeding dose (62.5x) for
cattle, the Agency determined that
residue levels of hexazinone and its
metabolites in whole milk ranged as
high as 0.164 ppm. Based on the
enforcement method, the sum of the
combined LOQs for hexazinone and its
metabolites, EPA is increasing the
tolerance in the newly recodified 40
CFR 180.396(a)(3) for the combined
hexazinone residues of concern in or on
milk from 0.1 to 0.2 ppm. The Agency
determined that the increased tolerance
is safe; i.e., there is a reasonable
certainty that no harm will result from
aggregate exposure to the pesticide
chemical residue.
Available data indicate combined
residues of hexazinone and its regulated
metabolites were <0.3 ppm in or on
blueberries and <0.35 ppm in or on
pineapples. Based on the combined
LOQs (0.55 ppm) of the enforcement
method for parent plus metabolites, EPA
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is increasing the tolerances in newly
recodified 40 CFR 180.396(a)(1) for
combined hexazinone residues of
concern in or on blueberry from 0.2 to
0.6 ppm and pineapple (whole fruit)
from 0.5 to 0.6 ppm, and revising
pineapple (whole fruit) to pineapple.
The Agency determined that the
increased tolerance is safe; i.e., there is
a reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue.
Based on available data that indicate
combined residues of hexazinone and
its regulated metabolites as high as 1.46
ppm in or on alfalfa seed, the Agency
determined that a tolerance should be
established at 2.0 ppm. Therefore, EPA
is establishing a tolerance in newly
recodified 40 CFR 180.396(a)(1) for
combined hexazinone residues of
concern in or on alfalfa, seed at 2.0
ppm.
In addition, EPA is revising
commodity terminology in 40 CFR
180.396(a) to conform to current Agency
practice as follows: alfalfa green forage
to alfalfa, forage; grass, range and grass,
pasture to grass, forage, and grass, hay.
2. Glyphosate.
• Comment. A comment was received
from Monsanto Company generally
agreeing with the proposed tolerance
changes to glyphosate in 40 CFR
180.364. Monsanto also wanted to alert
the Agency of the recent changes in the
CODEX Maximum Residue Limits
(MRLs) for glyphosate finalized by the
CODEX Alimentarious Commission in
July of 2006. Monsanto provided a
detailed list of suggested changes to the
U.S. tolerance regulation for glyphosate
(concerning cereal, grains, cotton seed,
meat byproducts, kiwifruit, and
rapeseed) to achieve better alignment
with the newly established CODEX
MRLs. Monsanto did note two
modifications that should be made in 40
CFR 180.364:
—To alphabetize the commodity
cacao beans.
—Add the term ‘‘except corn forage’’
to the Crop group 16 forage, fodder, and
straw tolerance to eliminate a conflict
with the individual tolerance for ‘‘corn,
field, forage’’.
• Agency response. The Agency
appreciates the support of Monsanto
and the alert concerning the changes in
the CODEX MRLs. Since the CODEX
MRLs were adopted during the
comment period of the proposal, any
tolerance modifications made in attempt
to harmonize with CODEX will need to
be proposed separately for comment.
The Agency will address the CODEX
harmonization in a future proposal and
consider Monsanto’s detailed
recommendations for CODEX
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56395
harmonization of tolerances for
glyphosate at that time. Consequently,
the Agency is not taking action on the
tolerances in 40 CFR 180.364 on
kiwifruit, and cattle and hog liver as
proposed. EPA agrees with
alphabetizing cacao bean and revising
the crop group 16 to include the term
‘‘except corn forage’’ in 40 CFR 180.364.
EPA is revising commodity
terminology in 40 CFR 180.364 to
conform to current Agency practice as
follows: Hop, dried cone to hop, dried
cones; wheat, milling fractions, (except
flour) to wheat, bran; wheat, middlings;
and wheat, shorts; grain, cereal, stover
and straw, group to grain, cereal, forage,
fodder and straw, group 16, except corn
forage; vegetable, bulb, group to
vegetable, bulb, group 3; vegetable,
foliage of legume except soybean,
subgroup 7A to vegetable, foliage of
legume, subgroup 7A, except soybean;
vegetable, fruiting, group to vegetable,
fruiting, group 8; vegetable, leafy, group
to vegetable, leafy, group 4; and
vegetable, leaves of root and tuber,
group (except sugar beet tops) to
vegetable, leaves of root and tuber,
group 2, except sugar beet tops.
The RED recommended that alfalfa
(fresh and hay), clover and other nongrass animal feeds be consolidated in
the corresponding crop group ‘‘animal
feed, nongrass, group 18’’ at 100 ppm.
Since the RED was published, the
‘‘animal feed, nongrass, group 18’’ was
established; however, due to changes in
the use patterns and grazing intervals
the corresponding tolerance level is 400
ppm. Also, the existing and conflicting
tolerances for ‘‘alfalfa, hay’’ (400 ppm)
and ‘‘alfalfa, forage’’ (175 ppm),
respectively, should be removed since
the existing tolerance on ‘‘animal feed,
nongrass, group 18’’ (400 ppm) covers
these animal feed items. This was
originally proposed by the EPA June 18,
2003 (68 FR 36472) (FRL–7308–8).
Therefore, EPA is removing the
tolerances in 40 CFR 180.364 on alfalfa,
forage at 175 ppm and alfalfa, hay at 400
ppm, because they are no longer needed
and their commodity uses are covered
by the existing group tolerance.
No comments were received by the
Agency concerning the following.
3. p-Chlorophenoxyacetic acid. The
Agency canceled the last registered use
for p-chlorophenoxyacetic acid on
tomato in May 1995. Therefore, the
Agency is revoking the tolerance in 40
CFR 180.202(a)(1) for combined
residues of the plant regulator pchlorophenoxyacetic acid and its
metabolite p-chlorophenol in or on
tomato, removing paragraph (a)(1), and
recodifying existing paragraph (a)(2) as
paragraph (a).
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Based on the available data that
indicate combined residues of pchlorophenoxyacetic acid and its
metabolite p-chlorophenol in or on
mung bean sprouts will not exceed 0.2
ppm, the Agency determined that the
tolerance should be lowered to 0.2 ppm.
Therefore, EPA is decreasing the
tolerance for combined residues of the
plant regulator p-chlorophenoxyacetic
acid and its metabolite p-chlorophenol
to inhibit embryonic root development
in or on bean, mung, sprouts from 2.0
to 0.2 ppm in newly recodified 40 CFR
180.202(a).
4. Difenzoquat. Based on available
field trial data that indicate residues of
difenzoquat were non-detectable (<0.05
ppm) in or on barley grain, as high as
4.0 ppm in or on barley straw, and as
high as 4.2 ppm in or on wheat straw,
the Agency determined that these
tolerances should be decreased to 0.05
ppm, 5.0 ppm, and 5.0 ppm,
respectively. Therefore, EPA is
decreasing the tolerance in 40 CFR
180.369 for residues of difenzoquat in or
on barley, grain from 0.2 to 0.05 ppm;
barley straw from 20.0 to 5.0 ppm; and
wheat, straw from 20.0 to 5.0 ppm.
Processing data for wheat grain and
aspirated grain fractions indicate that
residues of difenzoquat concentrated
4–fold in wheat bran and 4.6–fold in
shorts, and minimal concentration
occurred in middlings. Residues did not
concentrate in flour. The wheat
processing data are also applicable to
barley. Based on those concentration
factors and the reassessed tolerance of
0.05 ppm for wheat grain, the Agency
determined that tolerances for both
wheat bran and shorts should be
established at 0.25 ppm. Therefore, EPA
is establishing tolerances in 40 CFR
180.369 at 0.25 ppm for residues of
difenzoquat in or on wheat, bran and
wheat, shorts. In addition, because the
wheat processing data are translated to
barley, EPA is establishing a tolerance
in 40 CFR 180.369 for residues of
difenzoquat in or on barley, bran at 0.25
ppm.
B. What is the Agency’s Authority for
Taking this Action?
EPA may issue a regulation
establishing, modifying, or revoking a
tolerance under FFDCA section 408(e).
In this final rule, EPA is establishing,
modifying, and revoking tolerances to
implement the tolerance
recommendations made during the
reregistration and tolerance
reassessment processes, and as followup on canceled uses of pesticides. As
part of these processes, EPA is required
to determine whether each of the
amended tolerances meets the safety
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Jkt 208001
standards under FQPA. The safety
finding determination is found in detail
in each RED and TRED for the active
ingredient. REDs and TREDs
recommend the implementation of
certain tolerance actions, including
modifications to reflect current use
patterns, to meet safety findings, and
change commodity names and
groupings in accordance with new EPA
policy. Printed and electronic copies of
the REDs and TREDs are available as
provided in Unit II.A.
EPA has issued TREDs for pchlorophenoxyacetic acid, difenzoquat,
and hexazinone. Glyphosate tolerances
were reassessed post-FQPA as part of
the Agency’s determinations on April
11, 1997 (62 FR 17723) to establish new
glyphosate uses and therefore a TRED to
reassess its tolerances was not needed.
All of these active ingredients had REDs
which were completed prior to FQPA.
REDs and TREDs contain the Agency’s
evaluation of the data base for these
pesticides, including statements
regarding additional data on the active
ingredients that may be needed to
confirm the potential human health and
environmental risk assessments
associated with current product uses,
and REDs state conditions under which
these uses and products will be eligible
for reregistration. The REDs and TREDs
recommended the establishment,
modification, and/or revocation of
specific tolerances. RED and TRED
recommendations such as establishing
or modifying tolerances, and in some
cases revoking tolerances, are the result
of assessment under the FQPA standard
of ‘‘reasonable certainty of no harm.’’
However, tolerance revocations
recommended in REDs and TREDs that
are made final in this document do not
need such assessment when the
tolerances are no longer necessary.
EPA’s general practice is to revoke
tolerances for residues of pesticide
active ingredients on crops for which
FIFRA registrations no longer exist and
on which the pesticide may therefore no
longer be used in the United States.
Nonetheless, EPA will establish and
maintain tolerances even when
corresponding domestic uses are
canceled if the tolerances, which EPA
refers to as ‘‘import tolerances,’’ are
necessary to allow importation into the
United States of food containing such
pesticide residues. However, where
there are no imported commodities that
require these import tolerances, the
Agency believes it is appropriate to
revoke tolerances for unregistered
pesticides in order to prevent potential
misuse.
When EPA establishes tolerances for
pesticide residues in or on raw
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agricultural commodities, the Agency
gives consideration to possible pesticide
residues in meat, milk, poultry, and/or
eggs produced by animals that are fed
agricultural products (for example, grain
or hay) containing pesticides residues
(40 CFR 180.6). If there is no reasonable
expectation of finite pesticide residues
in or on meat, milk, poultry, or eggs,
then tolerances do not need to be
established for these commodities (40
CFR 180.6(b) and 180.6 (c)).
C. When Do These Actions Become
Effective?
These actions become effective on the
date of publication of this final rule in
the Federal Register because their
associated uses have been canceled for
several years. The Agency believes that
treated commodities have had sufficient
time for passage through the channels of
trade.
Any commodities listed in the
regulatory text of this document that are
treated with the pesticides subject to
this final rule, and that are in the
channels of trade following the
tolerance revocations, shall be subject to
FFDCA section 408(1)(5), as established
by FQPA. Under this section, any
residues of these pesticides in or on
such food shall not render the food
adulterated so long as it is shown to the
satisfaction of the Food and Drug
Administration that both:
1. The residue is present as the result
of an application or use of the pesticide
at a time and in a manner that was
lawful under FIFRA.
2. The residue does not exceed the
level that was authorized at the time of
the application or use to be present on
the food under a tolerance or exemption
from tolerance. Evidence to show that
food was lawfully treated may include
records that verify the dates that the
pesticide was applied to such food.
III. Are There Any International Trade
Issues Raised by this Final Action?
EPA considers CODEX MRLs in
setting U.S. tolerances and in
reassessing them. MRLs are established
by the CODEX Committee on Pesticide
Residues, a committee within the
CODEX Alimentarius Commission, an
international organization formed to
promote the coordination of
international food standards. When
possible, EPA seeks to harmonize U.S.
tolerances with CODEX MRLs. EPA may
establish a tolerance that is different
from a CODEX MRL; however, FFDCA
section 408(b)(4) requires that EPA
explain in a Federal Register document
the reasons for departing from the
CODEX level. EPA’s effort to harmonize
with CODEX MRLs is summarized in
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sroberts on PROD1PC70 with RULES
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 https://
www.epa.gov. On the EPA Home Page
select ‘‘Laws, Regulations & Dockets,’’
then select ‘‘Regulations and Proposed
Rules’’ and then look up the entry for
this document under ‘‘Federal
Register—Environmental Documents.’’
You can also go directly to the ‘‘Federal
Register’’ listings at https://
www.epa.gov/fedrgstr.
IV. Statutory and Executive Order
Reviews
In this final rule EPA establishes
tolerances under FFDCA section 408(e),
and also modifies and revokes specific
tolerances established under FFDCA
section 408. The Office of Management
and Budget (OMB) has exempted these
types of actions (i.e., establishment and
modification of a tolerance and
tolerance revocation for which
extraordinary circumstances do not
exist) from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this rule has
been exempted from review under
Executive Order 12866 due to its lack of
significance, this rule is not subject to
Executive Order 13211, entitled Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001). This final rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., or impose any
enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4). Nor does it require any
special considerations as required by
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or
any other Agency action under
Executive Order 13045, entitled
Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–13, section
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16:20 Sep 26, 2006
Jkt 208001
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
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Sfmt 4700
56397
directly regulates growers, food
processors, food handlers, and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule ’’as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
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Dated: September 20, 2006.
James J. Jones,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.202, paragraph (a) is
revised to read as follows:
I
§ 180.202 p-Chlorophenoxyacetic acid;
tolerances for residues.
(a) General. A tolerance is established
for the combined residues of the plant
regulator p-chlorophenoxyacetic acid
and its metabolite p-chlorophenol to
inhibit embryonic root development in
or on the following food commodity:
Parts per
million
Commodity
Bean, mung, sprouts ................
0.2
*
*
*
*
*
3. In § 180.364, the table in paragraph
(a) is revised to read as follows:
I
§ 180.364 Glyphosate; tolerances for
residues.
(a)
*
*
*
sroberts on PROD1PC70 with RULES
Commodity
Parts per
million
Acerola ......................................
Alfalfa, seed ..............................
Almond, hulls ............................
Aloe vera ..................................
Ambarella ..................................
Animal feed, nongrass, group
18 ..........................................
Artichoke, globe ........................
Asparagus .................................
Atemoya ....................................
Avocado ....................................
Bamboo, shoots ........................
Banana .....................................
Barley, bran ..............................
Barley, grain .............................
Beet, sugar, dried pulp .............
Beet, sugar, roots .....................
Beet, sugar, tops ......................
Berry, group 13 .........................
Betelnut .....................................
Biriba .........................................
Blimbe .......................................
Borage, seed ............................
Breadfruit ..................................
Cacao bean ..............................
Cactus, fruit ..............................
Cactus, pads .............................
Canistel .....................................
Canola, meal ............................
Canola, seed ............................
Cattle, kidney ............................
Cattle, liver ................................
Chaya .......................................
Cherimoya ................................
VerDate Aug<31>2005
16:20 Sep 26, 2006
0.2
0.5
25
0.5
0.2
400
0.2
0.5
0.2
0.2
0.2
0.2
30
20
25
10
10
0.2
1.0
0.2
0.2
0.1
0.2
0.2
0.5
0.5
0.2
15
10
4.0
0.5
1.0
0.2
Jkt 208001
Parts per
million
Commodity
Citrus, dried pulp ......................
Coconut ....................................
Coffee, bean .............................
Corn, field, forage .....................
Corn, field, grain .......................
Cotton, gin byproducts .............
Cotton, undelinted seed ...........
Cranberry ..................................
Crambe, seed ...........................
Custard apple ...........................
Date ..........................................
Dokudami ..................................
Durian .......................................
Egg ...........................................
Epazote .....................................
Feijoa ........................................
Fig .............................................
Fish ...........................................
Flax, meal .................................
Flax, seed .................................
Fruit, citrus, group 10 ...............
Fruit, pome, group 11 ...............
Fruit, stone, group 12 ...............
Galangal, root ...........................
Ginger, white, flower .................
Goat, kidney .............................
Goat, liver .................................
Gourd, buffalo, seed .................
Governor’s plum .......................
Gow kee, leaves .......................
Grain, aspirated fractions .........
Grain, cereal, forage, fodder
and straw, group 16, except
corn forage ............................
Grain, cereal, group 15, except
barley, field corn, grain sorghum, oat and wheat ............
Grape ........................................
Grass, forage, fodder and hay,
group 17 ................................
Guava .......................................
Herbs subgroup 19A ................
Hog, kidney ...............................
Hog, liver ..................................
Hop, dried cones ......................
Horse, kidney ............................
Horse, liver ...............................
Ilama .........................................
Imbe ..........................................
Imbu ..........................................
Jackfruit ....................................
Jaboticaba ................................
Jojoba, seed .............................
Juneberry ..................................
Kava, roots ...............................
Kenaf, forage ............................
Kiwifruit .....................................
Lesquerella, seed .....................
Leucaena, forage ......................
Lingonberry ...............................
Longan ......................................
Lychee ......................................
Mamey apple ............................
Mango .......................................
Mangosteen ..............................
Marmaladebox ..........................
Meadowfoam, seed ..................
Mioga, flower ............................
Mustard, seed ...........................
Nut, pine ...................................
Nut, tree, group 14 ...................
Oat, grain ..................................
Okra ..........................................
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Sfmt 4700
1.5
0.1
1.0
6.0
1.0
175
35
0.2
0.1
0.2
0.2
2.0
0.2
0.05
1.3
0.2
0.2
0.25
8.0
4.0
0.5
0.2
0.2
0.2
0.2
4.0
0.5
0.1
0.2
0.2
100
100
0.1
0.2
300
0.2
0.2
4.0
0.5
7.0
4.0
0.5
0.2
0.2
0.2
0.2
0.2
0.1
0.2
0.2
200
0.2
0.1
200
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.1
0.2
0.1
1.0
1.0
20
0.5
Commodity
Olive ..........................................
Oregano, Mexican, leaves ........
Palm heart ................................
Palm heart, leaves ....................
Palm, oil ....................................
Papaya ......................................
Papaya, mountain .....................
Passionfruit ...............................
Pawpaw ....................................
Peanut ......................................
Peanut, forage ..........................
Peanut, hay ..............................
Pepper leaf, fresh leaves .........
Peppermint, tops ......................
Perilla, tops ...............................
Persimmon ................................
Pineapple ..................................
Pistachio ...................................
Pomegranate ............................
Poultry, meat ............................
Poultry, meat byproducts ..........
Pulasan .....................................
Quinoa, grain ............................
Rambutan .................................
Rapeseed, meal .......................
Rapeseed, seed .......................
Rose apple ...............................
Safflower, seed .........................
Salal ..........................................
Sapodilla ...................................
Sapote, black ............................
Sapote, mamey ........................
Sapote, white ............................
Sesame, seed ...........................
Sheep, kidney ...........................
Sheep, liver ...............................
Shellfish ....................................
Sorghum, grain, grain ...............
Soursop ....................................
Soybean, forage .......................
Soybean, hay ............................
Soybean, hulls ..........................
Soybean, seed ..........................
Spanish lime .............................
Spearmint, tops ........................
Spice subgroup 19B .................
Star apple .................................
Starfruit .....................................
Stevia, dried leaves ..................
Strawberry ................................
Sugar apple ..............................
Sugarcane, cane ......................
Sugarcane, molasses ...............
Sunflower, seed ........................
Surinam cherry .........................
Tamarind ...................................
Tea, dried .................................
Tea, instant ...............................
Teff, grain .................................
Ti, leaves ..................................
Ti, roots .....................................
Ugli fruit ....................................
Vegetable, leafy, brassica,
group 5 ..................................
Vegetable, bulb, group 3 ..........
Vegetable, cucurbit, group 9 ....
Vegetable, foliage of legume,
subgroup 7A, except soybean ......................................
Vegetable, fruiting, group 8 ......
Vegetable, leafy, group 4 .........
Vegetable, leaves of root and
tuber, group 2, except sugar
beet tops ...............................
E:\FR\FM\27SER1.SGM
27SER1
Parts per
million
0.2
2.0
0.2
0.2
0.1
0.2
0.2
0.2
0.2
0.1
0.5
0.5
0.2
200
1.8
0.2
0.1
1.0
0.2
0.1
1.0
0.2
5.0
0.2
15
10
0.2
0.1
0.2
0.2
0.2
0.2
0.2
0.1
4.0
0.5
3.0
15
0.2
100
200
100
20
0.2
200
7.0
0.2
0.2
1.0
0.2
0.2
2.0
30
0.1
0.2
0.2
1.0
7.0
5.0
0.2
0.2
0.5
0.2
0.2
0.5
0.2
0.1
0.2
0.2
Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Rules and Regulations
Commodity
Parts per
million
Vegetable, legume, group 6,
except soybean .....................
Vegetable, root and tuber,
group 1, except sugar beet ...
Wasabi, roots ............................
Water spinach, tops ..................
Watercress, upland ...................
Wax jambu ................................
Wheat, bran ..............................
Wheat, grain .............................
Wheat, middlings ......................
Wheat, shorts ...........................
Yacon, tuber .............................
5.0
0.2
0.2
0.2
0.2
0.2
20
5.0
20
20
0.2
*
*
*
*
*
4. Section 180.369 is revised as
follows:
I
(a) General. Tolerances are
established for residues of difenzoquat
(1,2-dimethyl-3,5-diphenyl-1Hpyrazolium ion), derived from
application of the methyl sulfate salt
and calculated as the cation, in or on the
following raw agricultural commodities:
Parts per
million
sroberts on PROD1PC70 with RULES
Barley, bran ..............................
Barley, grain .............................
Barley, straw .............................
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Poultry, fat ................................
Poultry, meat ............................
Poultry, meat byproducts ..........
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
Wheat, bran ..............................
Wheat, grain .............................
Wheat, shorts ...........................
Wheat, straw .............................
0.25
0.05
5.0
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.25
0.05
0.25
5.0
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
I 5. In § 180.396, paragraphs (a) and (c)
are revised to read as follows:
§ 180.396 Hexazinone; tolerances for
residues.
(a) General. (1) Tolerances are
established for the combined residues of
VerDate Aug<31>2005
16:20 Sep 26, 2006
Jkt 208001
Parts per
million
Commodity
§ 180.369 Difenzoquat; tolerances for
residues.
Commodity
hexazinone (3-cyclohexyl-6(dimethylamino)-1-methyl-1,3,5triazine-2,4-(1H,3H)-dione) and its plant
metabolites; A [3-(4hydroxycyclohexyl)-6-(dimethylamino)1-methyl-1,3,5-triazine-2,4-(1H,3H)dione], B [3-cyclohexyl-6(methylamino)-1-methyl-1,3,5-triazine2,4-(1H,3H)-dione], C [3-(4hydroxycyclohexyl)-6-(methylamino)-1methyl-1,3,5-triazine-2,4-(1H,3H)dione], D [3-cyclohexyl)-1-methyl-1,3,5triazine-2,4,6-(1H,3H,5H)-trione], and E
[3-(4-hydroxycyclohexyl)-1-methyl1,3,5-triazine-2,4,6-(1H,3H,5H)-trione]
(calculated as hexazinone) in the
following commodities:
Alfalfa, forage ...........................
Alfalfa, hay ................................
Alfalfa, seed ..............................
Blueberry ..................................
Grass, forage ............................
Pineapple ..................................
2.0
8.0
2.0
0.6
10.0
0.6
(2) Tolerances are established for the
combined residues of hexazinone (3cyclohexyl-6-(dimethylamino)-1methyl-1,3,5-triazine-2,4-(1H,3H)-dione)
and its animal tissue metabolites; B [3cyclohexyl-6-(methylamino)-1-methyl1,3,5-triazine-2,4-(1H,3H)-dione], and F
(3-cyclohexyl-6-amino-1-methyl-1,3,5triazine-2,4-(1H,3H)-dione) (calculated
as hexazinone) in the following food
commodities:
Parts per
million
Commodity
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
0.1
(3) Tolerances are established for the
combined residues of hexazinone (3cyclohexyl-6-(dimethylamino)-1methyl-1,3,5-triazine-2,4-(1H,3H)-dione)
and its metabolites; B [3-cyclohexyl-6(methylamino)-1-methyl-1,3,5-triazine2,4-(1H,3H)-dione], C [3-(4hydroxycyclohexyl)-6-(methylamino)-1methyl-1,3,5-triazine-2,4-(1H,3H)dione], C-2 [3-(3-hydroxycyclohexyl)-6(methylamino)-1-methyl-1,3,5-triazine2,4-(1H,3H)-dione] and F (3-cyclohexyl6-amino-1-methyl-1,3,5-triazine-2,4-
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
56399
(1H,3H)-dione) (calculated as
hexazinone) in milk:
Commodity
Parts per
million
Milk ...........................................
0.2
(c) Tolerances with regional
registrations. Tolerances with regional
registration, as defined in § 180.1(n) and
which excludes use of hexazinone on
sugarcane in Florida, are established for
the combined residues of hexazinone (3cyclohexyl-6-(dimethylamino)-1methyl-1,3,5-triazine-2,4-(1H,3H)-dione
and its plant metabolites; A [3-(4hydroxycyclohexyl)-6-(dimethylamino)1-methyl-1,3,5-triazine-2,4(1H,3H)dione], B [3-cyclohexyl-6(methylamino)-1-methyl-1,3,5-triazine2,4-(1H,3H)-dione], C [3-(4hydroxycyclohexyl)-6-(methylamino)-1methyl-1,3,5-triazine-2,4-(1H,3H)dione], D [(3-cyclohexyl)-1-methyl1,3,5-triazine-2,4,6-(1H,3H,5H)-trione],
and E [3-(4-hydroxycyclohexyl)-1methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)trione] (calculated as hexazinone) in the
following commodities:
Commodity
Parts per
milliom
Sugarcane, cane ......................
Sugarcane, molasses ...............
0.6
4.0
[FR Doc. E6–15840 Filed 9–26–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2006–0255, EPA–HQ–
SFUND–2006–0252, EPA–HQ–SFUND–2006–
0247, EPA–HQ–SFUND–2006–0250, EPA–
HQ–SFUND–2004–0012; FRL–8223–3]
RIN 2050–AD75
National Priorities List, Final Rule
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
SUMMARY: The Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(‘‘CERCLA’’ or ‘‘the Act’’), as amended,
requires that the National Oil and
Hazardous Substances Pollution
Contingency Plan (‘‘NCP’’) include a list
of national priorities among the known
releases or threatened releases of
hazardous substances, pollutants, or
contaminants throughout the United
States. The National Priorities List
(‘‘NPL’’) constitutes this list. The NPL is
E:\FR\FM\27SER1.SGM
27SER1
Agencies
[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56392-56399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15840]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0036; FRL-8089-6]
p-Chlorophenoxyacetic acid, Glyphosate, Difenzoquat, and
Hexazinone; Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is revoking certain tolerances for the plant growth
regulator p-chlorophenoxyacetic acid and the herbicide hexazinone.
Also, EPA is modifying certain tolerances for the plant growth
regulator p-chlorophenoxyacetic acid and the herbicides glyphosate,
difenzoquat, and hexazinone. In addition, EPA is establishing new
tolerances for the herbicides difenzoquat and hexazinone.
DATES: This regulation is effective September 27, 2006. Objections and
requests for hearings must be received on or before November 27, 2006,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0036. All documents in the
docket are listed in the index for the docket. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business
[[Page 56393]]
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available in the
electronic docket at https://www.regulations.gov, or, if only available
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket Facility telephone number
is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Jane Smith, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0048; e-mail
address: smith.jane-scott@epa.gov.
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 https://
www.regulations.gov, you may access this ``Federal Register'' document
electronically through the EPA Internet under the ``Federal Register''
listings at https://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 https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. You must file your objection or request a hearing on
this regulation in accordance with the instructions provided in 40 CFR
part 178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2006-0036 in the subject line on the first page of
your submission. All requests must be in writing, and must be mailed or
delivered to the Hearing Clerk on or before November 27, 2006.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0036, by one of the following methods.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of June 7, 2006 (71 FR 32899) (FRL-8062-7),
EPA issued a proposed rule to revoke, remove, modify, and establish
certain tolerances and/or tolerance exemptions for residues of the
plant growth regulator p-chlorophenoxyacetic acid and the herbicides
glyphosate, difenzoquat, and hexazinone. The proposal of June 7, 2006
also provided a 60-day comment period which invited public comment for
consideration and for support of tolerance retention under FFDCA
standards.
EPA is revoking, removing, modifying, and establishing specific
tolerances for residues of the plant growth regulator p-
chlorophenoxyacetic acid and the herbicides glyphosate, difenzoquat,
and hexazinone in or on commodities listed in the regulatory text.
EPA is finalizing these tolerance actions in order to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of reregistration and when taking action
on tolerances and exemptions, EPA is required to determine whether each
of the amended tolerances or exemptions meets the safety standards
under FQPA. The safety finding determination of ``reasonable certainty
of no harm'' is found in detail in each RED and TRED for the active
ingredient. REDs and TREDs recommend certain tolerance actions to be
implemented to reflect current use patterns, to meet safety findings,
and change commodity names and groupings in accordance with new EPA
policy. Printed copies of REDs and TREDs may be obtained from EPA's
National Service Center for Environmental Publications (EPA/NSCEP),
P.O. Box 42419, Cincinnati, OH 45242-2419; telephone number: 1-800-490-
9198; fax number: 1-513-489-8695; Internet address: https://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: https://www.ntis.gov.
Electronic copies of REDs and TREDs are available on the internet at
https://www.epa.gov/pesticides/reregistration/status.htm.
[[Page 56394]]
In this final rule, EPA is revoking certain tolerances and
tolerance exemptions because these specific tolerances and exemptions
correspond to uses no longer current or registered under Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) in the United
States. The tolerances revoked by this final rule are no longer
necessary to cover residues of the relevant pesticides in or on
domestically treated commodities or commodities treated outside but
imported into the United States. It is EPA's general practice to revoke
those tolerances and tolerance exemptions for residues of pesticide
active ingredients on crop uses for which there are no active
registrations under FIFRA, unless any person in comments on the
proposal indicates a need for the tolerance or tolerance exemption to
cover residues in or on imported commodities or domestic commodities
legally treated.
EPA has historically been concerned that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
may encourage misuse of pesticides within the United States. Thus, it
is EPA's policy to issue a final rule revoking those tolerances for
residues of pesticide chemicals for which there are no active
registrations under FIFRA, unless any person commenting on the proposal
demonstrates a need for the tolerance to cover residues in or on
imported commodities or domestic commodities legally treated.
Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
-- Prior to EPA's issuance of a FFDCA section 408(f) order
requesting additional data or issuance of a FFDCA section 408(d) or (e)
order revoking the tolerances on other grounds, commenters retract the
comment identifying a need for the tolerance to be retained.
-- EPA independently verifies that the tolerance is no longer
needed.
-- The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of June 7,
2006, EPA received three comments during the 60-day public comment
period, as follows:
Comment. A comment was received from a private citizen
that expressed concern with pesticide residues in general and that
animals should eat quality foods. The individual stated that pesticide
residue levels should be zero.
Agency response. The private citizen's comment did not
take issue with the Agency's conclusion that certain tolerances should
be revoked. It is EPA's general practice to propose revocation of
tolerances for residues of pesticide active ingredients on crop uses
for which FIFRA registrations no longer exist. EPA has historically
been concerned that retention of tolerances that are not necessary to
cover residues in or on legally treated foods may encourage misuse of
pesticides within the United States.
1. Hexazinone.
Comment. A comment was received from DuPont Crop
Protection who requested that the current regional tolerances on
sugarcane, cane and sugarcane molasses in 40 CFR 180.396(c), which
excludes use of hexazinone on sugarcane in Florida, be codified as
general tolerances. The commenter stated that two of DuPont Crop
Protection's registrations for use of hexazinone on sugarcane in
Florida are currently active.
Also, the commenter requested that EPA not revoke the tolerances in
40 CFR 180.396 for fat of cattle, goats, hogs, horses, and sheep, and
meat and meat byproducts of hogs because later this year it will submit
grass residue data to support a revised zero-day forage/grazing
restriction (current labels show a 60-day restriction which is not
considered to be practical by the Agency). The commenter stated that it
expects increased residues warranting a revision of existing tolerances
for both grass and hay as livestock feed commodities.
In addition, the commenter stated that an analysis on current
hexazinone registrations for use on cattle feed commodities conducted
by the Florida Department of Agriculture and Consumer Services in 2005
may show that tolerances for hexazinone on meat, meat byproducts, and
in milk may be exceeded based on a maximum theoretical dietary burden.
Agency response. Since the time of the 2002 hexazinone
TRED, EPA agrees that the Agency did approve two registrations
submitted by DuPont Crop Protection for use of hexazinone on sugarcane
in Florida. Based on these registrations, EPA believes that since there
are no regional sugarcane registrations that specifically exclude
hexazinone use in Florida; therefore, these tolerances need not be
codified as regional. Since this regulatory action was not in the
original Federal Register proposal, recodifying the sugarcane, cane and
sugarcane molasses tolerances from 40 CFR 180.396(c) to (a) as general
tolerances will need to be proposed separately in a future action.
Moreover, in its comment, DuPont Crop Protection did not take issue
with the Agency's proposal to modify the sugarcane tolerances.
Available data indicate combined residues of hexazinone and its
regulated metabolites were <0.35 parts per million (ppm) in or on
sugarcane. Based on the combined LOQs (0.55 ppm) of the enforcement
method for parent plus metabolites, the Agency determined that the
tolerance for sugarcane, cane should be increased to 0.6 ppm. Also,
based on available sugarcane processing data, the Agency determined
that residues of hexazinone and its metabolites concentrated 32-fold to
final (blackstrap) molasses, the form of molasses typically fed to
livestock. After adjusting for the 2.0x degree of exaggeration used in
the processing study, the Agency determined that while the calculated
residue was greater than the recommended tolerance for the raw
agricultural commodity (sugarcane, cane), it was below the current
tolerance level for sugarcane molasses and should be decreased to 4.0
ppm. Therefore, in 40 CFR 180.396(c) EPA is increasing the tolerance
for combined hexazinone residues of concern in or on sugarcane, cane
from 0.2 to 0.6 ppm and decreasing the tolerance in or on sugarcane
molasses from 5.0 to 4.0 ppm, and revising sugarcane molasses to
sugarcane, molasses. The Agency determined that the increased tolerance
is safe; i.e., there is a reasonable certainty that no harm will result
from aggregate exposure to the pesticide chemical residue.
When EPA proposed to revoke the tolerances in 40 CFR 180.396 for
fat of cattle, goats, hogs, horses, and sheep, and meat and meat
byproducts of hogs, it did so based on available exaggerated feeding
data from which the Agency determined that there is no reasonable
expectation of finite hexazinone residues of concern in livestock from
treated feed. However, because DuPont Crop Protection will submit new
data later this year and information from the State of Florida may need
to be considered by the Agency, EPA will not revoke these specific fat,
meat, and meat byproduct tolerances at this time. When the information
from the State of Florida and submitted data from DuPont Crop
Protection have been reviewed, EPA will re-evaluate these tolerances
under FFDCA. If data are not submitted in the near future or if data
adequate to support a safety finding are lacking, EPA intends to revoke
the tolerances on
[[Page 56395]]
cattle, fat; sheep, fat; hog, meat; and hog, meat byproducts in 40 CFR
180.396.
The TRED mentions the need for additional method validation of
Method AMR 3783-6 for determining hexazinone (parent and metabolite)
levels in milk and livestock tissues. The method has undergone
successful independent validation and radiovalidation studies.
Additional validation by EPA laboratories is not required. The method
is considered adequate for enforcement purposes for residues of
hexazinone (and metabolites) in milk and livestock tissues.
According to the TRED, the tolerance expression, which is currently
expressed as hexazinone and its metabolites (calculated as hexazinone)
in 40 CFR 180.396(a) for plant, animal, and milk commodities for
general tolerances should be modified to include all the specific
metabolites in plants, animal tissue and milk. Consequently, EPA is
separating and recodifying plant, animal, and milk tolerances from 40
CFR 180.396(a) to (a)(1), (a)(2), and (a)(3), respectively. In the
Federal Register proposal of June 7, 2006, the C-1 metabolite was
inadvertently included in 40 CFR 180.396(a)(3).
After correction of the exaggerated feeding dose (62.5x) for
cattle, goats, horses, and sheep, the Agency determined that residue
levels of hexazinone and its metabolites ranged as high as 0.09 ppm
(just below the sum of the LOQs or 0.1 ppm), and therefore meat and
meat byproduct tolerances should be maintained in newly recodified 40
CFR 180.396(a)(2) at 0.1 ppm for cattle, goats, horses, and sheep.
In addition, after correction of the exaggerated feeding dose
(62.5x) for cattle, the Agency determined that residue levels of
hexazinone and its metabolites in whole milk ranged as high as 0.164
ppm. Based on the enforcement method, the sum of the combined LOQs for
hexazinone and its metabolites, EPA is increasing the tolerance in the
newly recodified 40 CFR 180.396(a)(3) for the combined hexazinone
residues of concern in or on milk from 0.1 to 0.2 ppm. The Agency
determined that the increased tolerance is safe; i.e., there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue.
Available data indicate combined residues of hexazinone and its
regulated metabolites were <0.3 ppm in or on blueberries and <0.35 ppm
in or on pineapples. Based on the combined LOQs (0.55 ppm) of the
enforcement method for parent plus metabolites, EPA is increasing the
tolerances in newly recodified 40 CFR 180.396(a)(1) for combined
hexazinone residues of concern in or on blueberry from 0.2 to 0.6 ppm
and pineapple (whole fruit) from 0.5 to 0.6 ppm, and revising pineapple
(whole fruit) to pineapple. The Agency determined that the increased
tolerance is safe; i.e., there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue.
Based on available data that indicate combined residues of
hexazinone and its regulated metabolites as high as 1.46 ppm in or on
alfalfa seed, the Agency determined that a tolerance should be
established at 2.0 ppm. Therefore, EPA is establishing a tolerance in
newly recodified 40 CFR 180.396(a)(1) for combined hexazinone residues
of concern in or on alfalfa, seed at 2.0 ppm.
In addition, EPA is revising commodity terminology in 40 CFR
180.396(a) to conform to current Agency practice as follows: alfalfa
green forage to alfalfa, forage; grass, range and grass, pasture to
grass, forage, and grass, hay.
2. Glyphosate.
Comment. A comment was received from Monsanto Company
generally agreeing with the proposed tolerance changes to glyphosate in
40 CFR 180.364. Monsanto also wanted to alert the Agency of the recent
changes in the CODEX Maximum Residue Limits (MRLs) for glyphosate
finalized by the CODEX Alimentarious Commission in July of 2006.
Monsanto provided a detailed list of suggested changes to the U.S.
tolerance regulation for glyphosate (concerning cereal, grains, cotton
seed, meat byproducts, kiwifruit, and rapeseed) to achieve better
alignment with the newly established CODEX MRLs. Monsanto did note two
modifications that should be made in 40 CFR 180.364:
--To alphabetize the commodity cacao beans.
--Add the term ``except corn forage'' to the Crop group 16 forage,
fodder, and straw tolerance to eliminate a conflict with the individual
tolerance for ``corn, field, forage''.
Agency response. The Agency appreciates the support of
Monsanto and the alert concerning the changes in the CODEX MRLs. Since
the CODEX MRLs were adopted during the comment period of the proposal,
any tolerance modifications made in attempt to harmonize with CODEX
will need to be proposed separately for comment. The Agency will
address the CODEX harmonization in a future proposal and consider
Monsanto's detailed recommendations for CODEX harmonization of
tolerances for glyphosate at that time. Consequently, the Agency is not
taking action on the tolerances in 40 CFR 180.364 on kiwifruit, and
cattle and hog liver as proposed. EPA agrees with alphabetizing cacao
bean and revising the crop group 16 to include the term ``except corn
forage'' in 40 CFR 180.364.
EPA is revising commodity terminology in 40 CFR 180.364 to conform
to current Agency practice as follows: Hop, dried cone to hop, dried
cones; wheat, milling fractions, (except flour) to wheat, bran; wheat,
middlings; and wheat, shorts; grain, cereal, stover and straw, group to
grain, cereal, forage, fodder and straw, group 16, except corn forage;
vegetable, bulb, group to vegetable, bulb, group 3; vegetable, foliage
of legume except soybean, subgroup 7A to vegetable, foliage of legume,
subgroup 7A, except soybean; vegetable, fruiting, group to vegetable,
fruiting, group 8; vegetable, leafy, group to vegetable, leafy, group
4; and vegetable, leaves of root and tuber, group (except sugar beet
tops) to vegetable, leaves of root and tuber, group 2, except sugar
beet tops.
The RED recommended that alfalfa (fresh and hay), clover and other
non-grass animal feeds be consolidated in the corresponding crop group
``animal feed, nongrass, group 18'' at 100 ppm. Since the RED was
published, the ``animal feed, nongrass, group 18'' was established;
however, due to changes in the use patterns and grazing intervals the
corresponding tolerance level is 400 ppm. Also, the existing and
conflicting tolerances for ``alfalfa, hay'' (400 ppm) and ``alfalfa,
forage'' (175 ppm), respectively, should be removed since the existing
tolerance on ``animal feed, nongrass, group 18'' (400 ppm) covers these
animal feed items. This was originally proposed by the EPA June 18,
2003 (68 FR 36472) (FRL-7308-8). Therefore, EPA is removing the
tolerances in 40 CFR 180.364 on alfalfa, forage at 175 ppm and alfalfa,
hay at 400 ppm, because they are no longer needed and their commodity
uses are covered by the existing group tolerance.
No comments were received by the Agency concerning the following.
3. p-Chlorophenoxyacetic acid. The Agency canceled the last
registered use for p-chlorophenoxyacetic acid on tomato in May 1995.
Therefore, the Agency is revoking the tolerance in 40 CFR 180.202(a)(1)
for combined residues of the plant regulator p-chlorophenoxyacetic acid
and its metabolite p-chlorophenol in or on tomato, removing paragraph
(a)(1), and recodifying existing paragraph (a)(2) as paragraph (a).
[[Page 56396]]
Based on the available data that indicate combined residues of p-
chlorophenoxyacetic acid and its metabolite p-chlorophenol in or on
mung bean sprouts will not exceed 0.2 ppm, the Agency determined that
the tolerance should be lowered to 0.2 ppm. Therefore, EPA is
decreasing the tolerance for combined residues of the plant regulator
p-chlorophenoxyacetic acid and its metabolite p-chlorophenol to inhibit
embryonic root development in or on bean, mung, sprouts from 2.0 to 0.2
ppm in newly recodified 40 CFR 180.202(a).
4. Difenzoquat. Based on available field trial data that indicate
residues of difenzoquat were non-detectable (<0.05 ppm) in or on barley
grain, as high as 4.0 ppm in or on barley straw, and as high as 4.2 ppm
in or on wheat straw, the Agency determined that these tolerances
should be decreased to 0.05 ppm, 5.0 ppm, and 5.0 ppm, respectively.
Therefore, EPA is decreasing the tolerance in 40 CFR 180.369 for
residues of difenzoquat in or on barley, grain from 0.2 to 0.05 ppm;
barley straw from 20.0 to 5.0 ppm; and wheat, straw from 20.0 to 5.0
ppm.
Processing data for wheat grain and aspirated grain fractions
indicate that residues of difenzoquat concentrated 4-fold in wheat bran
and 4.6-fold in shorts, and minimal concentration occurred in
middlings. Residues did not concentrate in flour. The wheat processing
data are also applicable to barley. Based on those concentration
factors and the reassessed tolerance of 0.05 ppm for wheat grain, the
Agency determined that tolerances for both wheat bran and shorts should
be established at 0.25 ppm. Therefore, EPA is establishing tolerances
in 40 CFR 180.369 at 0.25 ppm for residues of difenzoquat in or on
wheat, bran and wheat, shorts. In addition, because the wheat
processing data are translated to barley, EPA is establishing a
tolerance in 40 CFR 180.369 for residues of difenzoquat in or on
barley, bran at 0.25 ppm.
B. What is the Agency's Authority for Taking this Action?
EPA may issue a regulation establishing, modifying, or revoking a
tolerance under FFDCA section 408(e). In this final rule, EPA is
establishing, modifying, and revoking tolerances to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes, and as follow-up on canceled uses of
pesticides. As part of these processes, EPA is required to determine
whether each of the amended tolerances meets the safety standards under
FQPA. The safety finding determination is found in detail in each RED
and TRED for the active ingredient. REDs and TREDs recommend the
implementation of certain tolerance actions, including modifications to
reflect current use patterns, to meet safety findings, and change
commodity names and groupings in accordance with new EPA policy.
Printed and electronic copies of the REDs and TREDs are available as
provided in Unit II.A.
EPA has issued TREDs for p-chlorophenoxyacetic acid, difenzoquat,
and hexazinone. Glyphosate tolerances were reassessed post-FQPA as part
of the Agency's determinations on April 11, 1997 (62 FR 17723) to
establish new glyphosate uses and therefore a TRED to reassess its
tolerances was not needed. All of these active ingredients had REDs
which were completed prior to FQPA. REDs and TREDs contain the Agency's
evaluation of the data base for these pesticides, including statements
regarding additional data on the active ingredients that may be needed
to confirm the potential human health and environmental risk
assessments associated with current product uses, and REDs state
conditions under which these uses and products will be eligible for
reregistration. The REDs and TREDs recommended the establishment,
modification, and/or revocation of specific tolerances. RED and TRED
recommendations such as establishing or modifying tolerances, and in
some cases revoking tolerances, are the result of assessment under the
FQPA standard of ``reasonable certainty of no harm.'' However,
tolerance revocations recommended in REDs and TREDs that are made final
in this document do not need such assessment when the tolerances are no
longer necessary.
EPA's general practice is to revoke tolerances for residues of
pesticide active ingredients on crops for which FIFRA registrations no
longer exist and on which the pesticide may therefore no longer be used
in the United States. Nonetheless, EPA will establish and maintain
tolerances even when corresponding domestic uses are canceled if the
tolerances, which EPA refers to as ``import tolerances,'' are necessary
to allow importation into the United States of food containing such
pesticide residues. However, where there are no imported commodities
that require these import tolerances, the Agency believes it is
appropriate to revoke tolerances for unregistered pesticides in order
to prevent potential misuse.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues in meat, milk, poultry, and/or eggs produced by
animals that are fed agricultural products (for example, grain or hay)
containing pesticides residues (40 CFR 180.6). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and 180.6 (c)).
C. When Do These Actions Become Effective?
These actions become effective on the date of publication of this
final rule in the Federal Register because their associated uses have
been canceled for several years. The Agency believes that treated
commodities have had sufficient time for passage through the channels
of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this section, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that both:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
2. The residue does not exceed the level that was authorized at the
time of the application or use to be present on the food under a
tolerance or exemption from tolerance. Evidence to show that food was
lawfully treated may include records that verify the dates that the
pesticide was applied to such food.
III. Are There Any International Trade Issues Raised by this Final
Action?
EPA considers CODEX MRLs in setting U.S. tolerances and in
reassessing them. MRLs are established by the CODEX Committee on
Pesticide Residues, a committee within the CODEX Alimentarius
Commission, an international organization formed to promote the
coordination of international food standards. When possible, EPA seeks
to harmonize U.S. tolerances with CODEX MRLs. EPA may establish a
tolerance that is different from a CODEX MRL; however, FFDCA section
408(b)(4) requires that EPA explain in a Federal Register document the
reasons for departing from the CODEX level. EPA's effort to harmonize
with CODEX MRLs is summarized in
[[Page 56397]]
the tolerance reassessment section of individual REDs. EPA has
developed guidance concerning submissions for import tolerance support
(65 FR 35069, June 1, 2000) (FRL-6559-3). This guidance will be made
available to interested persons. Electronic copies are available on the
Internet at https://www.epa.gov. On the EPA Home Page select ``Laws,
Regulations & Dockets,'' then select ``Regulations and Proposed Rules''
and then look up the entry for this document under ``Federal Register--
Environmental Documents.'' You can also go directly to the ``Federal
Register'' listings at https://www.epa.gov/fedrgstr.
IV. Statutory and Executive Order Reviews
In this final rule EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted these types of actions (i.e., establishment and modification
of a tolerance and tolerance revocation for which extraordinary
circumstances do not exist) from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations as required by Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or any other Agency action under
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-13, section 12(d) (15 U.S.C. 272
note). Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. 601
et seq.), the Agency previously assessed whether establishment of
tolerances, exemptions from tolerances, raising of tolerance levels,
expansion of exemptions, or revocations might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. These analyses for tolerance
establishments and modifications, and for tolerance revocations were
published on May 4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR
66020), respectively, and were provided to the Chief Counsel for
Advocacy of the Small Business Administration. Taking into account this
analysis, and available information concerning the pesticides listed in
this final rule, the Agency hereby certifies that this final rule will
not have a significant economic impact on a substantial number of small
entities. In a memorandum dated May 25, 2001, EPA determined that eight
conditions must all be satisfied in order for an import tolerance or
tolerance exemption revocation to adversely affect a significant number
of small entity importers, and that there is a negligible joint
probability of all eight conditions holding simultaneously with respect
to any particular revocation. (This Agency document is available in the
docket for this final rule). Furthermore, for the pesticides named in
this final rule, the Agency knows of no extraordinary circumstances
that exist as to the present revocations that would change EPA's
previous analysis. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule ''as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
[[Page 56398]]
Dated: September 20, 2006.
James J. Jones,
Director, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.202, paragraph (a) is revised to read as follows:
Sec. 180.202 p-Chlorophenoxyacetic acid; tolerances for residues.
(a) General. A tolerance is established for the combined residues
of the plant regulator p-chlorophenoxyacetic acid and its metabolite p-
chlorophenol to inhibit embryonic root development in or on the
following food commodity:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Bean, mung, sprouts........................................ 0.2
------------------------------------------------------------------------
* * * * *
0
3. In Sec. 180.364, the table in paragraph (a) is revised to read as
follows:
Sec. 180.364 Glyphosate; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Acerola.................................................... 0.2
Alfalfa, seed.............................................. 0.5
Almond, hulls.............................................. 25
Aloe vera.................................................. 0.5
Ambarella.................................................. 0.2
Animal feed, nongrass, group 18............................ 400
Artichoke, globe........................................... 0.2
Asparagus.................................................. 0.5
Atemoya.................................................... 0.2
Avocado.................................................... 0.2
Bamboo, shoots............................................. 0.2
Banana..................................................... 0.2
Barley, bran............................................... 30
Barley, grain.............................................. 20
Beet, sugar, dried pulp.................................... 25
Beet, sugar, roots......................................... 10
Beet, sugar, tops.......................................... 10
Berry, group 13............................................ 0.2
Betelnut................................................... 1.0
Biriba..................................................... 0.2
Blimbe..................................................... 0.2
Borage, seed............................................... 0.1
Breadfruit................................................. 0.2
Cacao bean................................................. 0.2
Cactus, fruit.............................................. 0.5
Cactus, pads............................................... 0.5
Canistel................................................... 0.2
Canola, meal............................................... 15
Canola, seed............................................... 10
Cattle, kidney............................................. 4.0
Cattle, liver.............................................. 0.5
Chaya...................................................... 1.0
Cherimoya.................................................. 0.2
Citrus, dried pulp......................................... 1.5
Coconut.................................................... 0.1
Coffee, bean............................................... 1.0
Corn, field, forage........................................ 6.0
Corn, field, grain......................................... 1.0
Cotton, gin byproducts..................................... 175
Cotton, undelinted seed.................................... 35
Cranberry.................................................. 0.2
Crambe, seed............................................... 0.1
Custard apple.............................................. 0.2
Date....................................................... 0.2
Dokudami................................................... 2.0
Durian..................................................... 0.2
Egg........................................................ 0.05
Epazote.................................................... 1.3
Feijoa..................................................... 0.2
Fig........................................................ 0.2
Fish....................................................... 0.25
Flax, meal................................................. 8.0
Flax, seed................................................. 4.0
Fruit, citrus, group 10.................................... 0.5
Fruit, pome, group 11...................................... 0.2
Fruit, stone, group 12..................................... 0.2
Galangal, root............................................. 0.2
Ginger, white, flower...................................... 0.2
Goat, kidney............................................... 4.0
Goat, liver................................................ 0.5
Gourd, buffalo, seed....................................... 0.1
Governor's plum............................................ 0.2
Gow kee, leaves............................................ 0.2
Grain, aspirated fractions................................. 100
Grain, cereal, forage, fodder and straw, group 16, except 100
corn forage...............................................
Grain, cereal, group 15, except barley, field corn, grain 0.1
sorghum, oat and wheat....................................
Grape...................................................... 0.2
Grass, forage, fodder and hay, group 17.................... 300
Guava...................................................... 0.2
Herbs subgroup 19A......................................... 0.2
Hog, kidney................................................ 4.0
Hog, liver................................................. 0.5
Hop, dried cones........................................... 7.0
Horse, kidney.............................................. 4.0
Horse, liver............................................... 0.5
Ilama...................................................... 0.2
Imbe....................................................... 0.2
Imbu....................................................... 0.2
Jackfruit.................................................. 0.2
Jaboticaba................................................. 0.2
Jojoba, seed............................................... 0.1
Juneberry.................................................. 0.2
Kava, roots................................................ 0.2
Kenaf, forage.............................................. 200
Kiwifruit.................................................. 0.2
Lesquerella, seed.......................................... 0.1
Leucaena, forage........................................... 200
Lingonberry................................................ 0.2
Longan..................................................... 0.2
Lychee..................................................... 0.2
Mamey apple................................................ 0.2
Mango...................................................... 0.2
Mangosteen................................................. 0.2
Marmaladebox............................................... 0.2
Meadowfoam, seed........................................... 0.1
Mioga, flower.............................................. 0.2
Mustard, seed.............................................. 0.1
Nut, pine.................................................. 1.0
Nut, tree, group 14........................................ 1.0
Oat, grain................................................. 20
Okra....................................................... 0.5
Olive...................................................... 0.2
Oregano, Mexican, leaves................................... 2.0
Palm heart................................................. 0.2
Palm heart, leaves......................................... 0.2
Palm, oil.................................................. 0.1
Papaya..................................................... 0.2
Papaya, mountain........................................... 0.2
Passionfruit............................................... 0.2
Pawpaw..................................................... 0.2
Peanut..................................................... 0.1
Peanut, forage............................................. 0.5
Peanut, hay................................................ 0.5
Pepper leaf, fresh leaves.................................. 0.2
Peppermint, tops........................................... 200
Perilla, tops.............................................. 1.8
Persimmon.................................................. 0.2
Pineapple.................................................. 0.1
Pistachio.................................................. 1.0
Pomegranate................................................ 0.2
Poultry, meat.............................................. 0.1
Poultry, meat byproducts................................... 1.0
Pulasan.................................................... 0.2
Quinoa, grain.............................................. 5.0
Rambutan................................................... 0.2
Rapeseed, meal............................................. 15
Rapeseed, seed............................................. 10
Rose apple................................................. 0.2
Safflower, seed............................................ 0.1
Salal...................................................... 0.2
Sapodilla.................................................. 0.2
Sapote, black.............................................. 0.2
Sapote, mamey.............................................. 0.2
Sapote, white.............................................. 0.2
Sesame, seed............................................... 0.1
Sheep, kidney.............................................. 4.0
Sheep, liver............................................... 0.5
Shellfish.................................................. 3.0
Sorghum, grain, grain...................................... 15
Soursop.................................................... 0.2
Soybean, forage............................................ 100
Soybean, hay............................................... 200
Soybean, hulls............................................. 100
Soybean, seed.............................................. 20
Spanish lime............................................... 0.2
Spearmint, tops............................................ 200
Spice subgroup 19B......................................... 7.0
Star apple................................................. 0.2
Starfruit.................................................. 0.2
Stevia, dried leaves....................................... 1.0
Strawberry................................................. 0.2
Sugar apple................................................ 0.2
Sugarcane, cane............................................ 2.0
Sugarcane, molasses........................................ 30
Sunflower, seed............................................ 0.1
Surinam cherry............................................. 0.2
Tamarind................................................... 0.2
Tea, dried................................................. 1.0
Tea, instant............................................... 7.0
Teff, grain................................................ 5.0
Ti, leaves................................................. 0.2
Ti, roots.................................................. 0.2
Ugli fruit................................................. 0.5
Vegetable, leafy, brassica, group 5........................ 0.2
Vegetable, bulb, group 3................................... 0.2
Vegetable, cucurbit, group 9............................... 0.5
Vegetable, foliage of legume, subgroup 7A, except soybean.. 0.2
Vegetable, fruiting, group 8............................... 0.1
Vegetable, leafy, group 4.................................. 0.2
Vegetable, leaves of root and tuber, group 2, except sugar 0.2
beet tops.................................................
[[Page 56399]]
Vegetable, legume, group 6, except soybean................. 5.0
Vegetable, root and tuber, group 1, except sugar beet...... 0.2
Wasabi, roots.............................................. 0.2
Water spinach, tops........................................ 0.2
Watercress, upland......................................... 0.2
Wax jambu.................................................. 0.2
Wheat, bran................................................ 20
Wheat, grain............................................... 5.0
Wheat, middlings........................................... 20
Wheat, shorts.............................................. 20
Yacon, tuber............................................... 0.2
------------------------------------------------------------------------
* * * * *
0
4. Section 180.369 is revised as follows:
Sec. 180.369 Difenzoquat; tolerances for residues.
(a) General. Tolerances are established for residues of difenzoquat
(1,2-dimethyl-3,5-diphenyl-1H-pyrazolium ion), derived from application
of the methyl sulfate salt and calculated as the cation, in or on the
following raw agricultural commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Barley, bran............................................... 0.25
Barley, grain.............................................. 0.05
Barley, straw.............................................. 5.0
Cattle, fat................................................ 0.05
Cattle, meat............................................... 0.05
Cattle, meat byproducts.................................... 0.05
Goat, fat.................................................. 0.05
Goat, meat................................................. 0.05
Goat, meat byproducts...................................... 0.05
Hog, fat................................................... 0.05
Hog, meat.................................................. 0.05
Hog, meat byproducts....................................... 0.05
Horse, fat................................................. 0.05
Horse, meat................................................ 0.05
Horse, meat byproducts..................................... 0.05
Poultry, fat............................................... 0.05
Poultry, meat.............................................. 0.05
Poultry, meat byproducts................................... 0.05
Sheep, fat................................................. 0.05
Sheep, meat................................................ 0.05
Sheep, meat byproducts..................................... 0.05
Wheat, bran................................................ 0.25
Wheat, grain............................................... 0.05
Wheat, shorts.............................................. 0.25
Wheat, straw............................................... 5.0
------------------------------------------------------------------------
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
0
5. In Sec. 180.396, paragraphs (a) and (c) are revised to read as
follows:
Sec. 180.396 Hexazinone; tolerances for residues.
(a) General. (1) Tolerances are established for the combined
residues of hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-
triazine-2,4-(1H,3H)-dione) and its plant metabolites; A [3-(4-
hydroxycyclohexyl)-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H,3H)-dione], B [3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-
triazine-2,4-(1H,3H)-dione], C [3-(4-hydroxycyclohexyl)-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], D [3-
cyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione], and E [3-
(4-hydroxycyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione]
(calculated as hexazinone) in the following commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Alfalfa, forage............................................ 2.0
Alfalfa, hay............................................... 8.0
Alfalfa, seed.............................................. 2.0
Blueberry.................................................. 0.6
Grass, forage.............................................. 10.0
Pineapple.................................................. 0.6
------------------------------------------------------------------------
(2) Tolerances are established for the combined residues of
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H,3H)-dione) and its animal tissue metabolites; B [3-cyclohexyl-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], and F (3-
cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione)
(calculated as hexazinone) in the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.1
Cattle, meat............................................... 0.1
Cattle, meat byproducts.................................... 0.1
Goat, fat.................................................. 0.1
Goat, meat................................................. 0.1
Goat, meat byproducts...................................... 0.1
Hog, fat................................................... 0.1
Hog, meat.................................................. 0.1
Hog, meat byproducts....................................... 0.1
Horse, fat................................................. 0.1
Horse, meat................................................ 0.1
Horse, meat byproducts..................................... 0.1
Sheep, fat................................................. 0.1
Sheep, meat................................................ 0.1
Sheep, meat byproducts..................................... 0.1
------------------------------------------------------------------------
(3) Tolerances are established for the combined residues of
hexazinone (3-cyclohexyl-6-(dimethylamino)-1-methyl-1,3,5-triazine-2,4-
(1H,3H)-dione) and its metabolites; B [3-cyclohexyl-6-(methylamino)-1-
methyl-1,3,5-triazine-2,4-(1H,3H)-dione], C [3-(4-hydroxycyclohexyl)-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], C-2 [3-(3-
hydroxycyclohexyl)-6-(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-
dione] and F (3-cyclohexyl-6-amino-1-methyl-1,3,5-triazine-2,4-(1H,3H)-
dione) (calculated as hexazinone) in milk:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Milk....................................................... 0.2
------------------------------------------------------------------------
(c) Tolerances with regional registrations. Tolerances with
regional registration, as defined in Sec. 180.1(n) and which excludes
use of hexazinone on sugarcane in Florida, are established for the
combined residues of hexazinone (3-cyclohexyl-6-(dimethylamino)-1-
methyl-1,3,5-triazine-2,4-(1H,3H)-dione and its plant metabolites; A
[3-(4-hydroxycyclohexyl)-6-(dimethylamino)-1-methyl-1,3,5-triazine-
2,4(1H,3H)-dione], B [3-cyclohexyl-6-(methylamino)-1-methyl-1,3,5-
triazine-2,4-(1H,3H)-dione], C [3-(4-hydroxycyclohexyl)-6-
(methylamino)-1-methyl-1,3,5-triazine-2,4-(1H,3H)-dione], D [(3-
cyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione], and E [3-
(4-hydroxycyclohexyl)-1-methyl-1,3,5-triazine-2,4,6-(1H,3H,5H)-trione]
(calculated as hexazinone) in the following commodities:
------------------------------------------------------------------------
Parts per
Commodity milliom
------------------------------------------------------------------------
Sugarcane, cane............................................ 0.6
Sugarcane, molasses........................................ 4.0
------------------------------------------------------------------------
[FR Doc. E6-15840 Filed 9-26-06; 8:45 am]
BILLING CODE 6560-50-S