Amitraz, Atrazine, Ethephon, Ferbam, Lindane, Propachlor, and Simazine; Tolerance Actions, 53449-53455 [E7-18508]
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Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
Thus, the Agency has determined that
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000) do not apply
to this rule. In addition, This rule does
not 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).
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).
VII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 7, 2007.
Lois Rossi,
Director, Registration Division, 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 § 180.353, paragraph (a) is
revised to read as follows:
I
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§ 180.353 Desmedipham; tolerances for
residues.
(a) General. Tolerances are
established for residues of the herbicide
desmedipham, (ethyl-mhydroxycarbanilate carbanilate) in or on
the following raw agricultural
commodities in the table that follows:
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Commodity
Parts per million
Beet, garden, roots .........
Beet, garden, tops ..........
Beet, sugar, roots ...........
Beet, sugar, tops ............
Spinach ...........................
*
*
*
*
0.05
1.0
0.2
0.2
6.0
*
[FR Doc. E7–18373 Filed 9–18–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2007–0187; FRL–8147–5]
Amitraz, Atrazine, Ethephon, Ferbam,
Lindane, Propachlor, and Simazine;
Tolerance Actions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is revoking certain
tolerances for the insecticides amitraz
and lindane; the herbicides atrazine,
propachlor, and simazine; the plant
growth regulator ethephon; and the
fungicide ferbam. Also, EPA is
modifying certain tolerances for the
herbicide atrazine, propachlor, and
simazine; the insecticide amitraz; the
plant growth regulator ethephon; and
the fungicide ferbam. In addition, EPA
is establishing new tolerances for the
herbicide atrazine and the plant growth
regulator ethephon. The regulatory
actions finalized in this document are in
follow-up to the Agency’s reregistration
program under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), and tolerance reassessment
program under the Federal Food, Drug,
and Cosmetic Act (FFDCA) section
408(q).
DATES: This regulation is effective
September 19, 2007. Objections and
requests for hearings must be received
on or before November 19, 2007, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0187. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
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documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket
athttps://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:
Monisha Dandridge, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
0410; e-mail address:
Dandridge.monisha@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).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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 underFOR 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.
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C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, as
amended by the Food Quality Protection
Act (FQPA), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. The EPA procedural
regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2007–0187 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 19, 2007.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2007–0187, 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,
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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 13,
2007 (72 FR 32570) (FRL–8133–3), EPA
issued a proposal to revoke, modify, and
establish specific tolerances for residues
of the fungicide ferbam; the herbicides
atrazine, propachlor, and simazine; the
insecticides amitraz and lindane, and
the plant growth regulator ethephon.
Also, the proposal of June 13, 2007,
provided a 60–day comment period
which invited public comment for
consideration and for support of
tolerance retention under FFDCA
standards.
In this final rule, EPA is revoking,
modifying, and establishing specific
tolerances for residues of the fungicide
ferbam; the herbicides atrazine,
propachlor, and simazine; the
insecticides amitraz and lindane, and
the plant growth regulator ethephon in
or on commodities listed in the
regulatory text of this document.
EPA is finalizing these tolerance
actions in order to implement the
tolerance recommendations made
during the reregistration and tolerance
reassessment processes (including
follow-up on canceled or additional
uses of pesticides). As part of these
processes, EPA is required to determine
whether each of the amended tolerances
meets the safety standard of FFDCA.
The safety finding determination of
‘‘reasonable certainty of no harm’’ is
discussed in detail in each
Reregistration Eligibility Decision (RED)
and Report on FQPA Tolerance
Reassessment Progress and Interim Risk
Management Decision (TRED) for the
active ingredient. REDs and TREDs
recommend the implementation of
certain tolerance actions, including
modifications, to reflect current use
patterns, to meet safety findings and
change commodity names and
groupings in accordance with new EPA
policy. Printed copies of many REDs
and TREDs may be obtained from EPA’s
National Service Center for
Environmental Publications (EPA/
NSCEP), P.O. Box 42419, Cincinnati,
OH 45242–2419, telephone number: 1–
800–490–9198; fax number: 1–513–489–
8695; Internet at 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 at
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https://www.ntis.gov. Electronic copies of
REDs and TREDs are available on the
Internet at https://www.regulations.gov
and https:// www.epa.gov/pesticides/
reregistration/status.htm.
In this final rule, EPA is revoking
certain tolerances and/or tolerance
exemptions because either they are no
longer needed or are associated with
food uses that are no longer registered
under FIFRA in the United States.
Those instances where registrations
were canceled were because the
registrant failed to pay the required
maintenance fee and/or the registrant
voluntarily requested cancellation of
one or more registered uses of the
pesticide active ingredient. The
tolerances revoked by this final rule are
no longer necessary to cover residues of
the relevant pesticides in or on
domestically treated commodities or
commodities treated outside but
imported into the United States. It is
EPA’s general practice to issue a final
rule revoking those tolerances and
tolerance exemptions for residues of
pesticide active ingredients on crop uses
for which there are no active
registrations under FIFRA, unless any
person who comments on the proposal
indicates a need for the tolerance or
tolerance exemption to cover residues in
or on imported commodities or legally
treated domestic commodities.
Historically, EPA has been concerned
that retention of tolerances that are not
necessary to cover residues in or on
legally treated foods may encourage
misuse of pesticides within the United
States.
Generally, EPA will proceed with the
revocation of these tolerances on the
grounds discussed in Unit II.A. if one of
the following conditions applies:
1. 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.
2. EPA independently verifies that the
tolerance is no longer needed.
3. The tolerance is not supported by
data that demonstrate that the tolerance
meets the requirements under FQPA.
This final rule does not revoke those
tolerances for which EPA received
comments stating a need for the
tolerance to be retained. In response to
the proposal published in the Federal
Register of June 13, 2007 (72 FR 32570),
EPA received comments during the 60–
day public comment period, as follows:
i. General—Comment by private
citizen. A private citizen stated that only
zero tolerance levels should be
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acceptable. In addition, the commenter
expressed a concern for pesticide use in
general and their possible toxic effects
on wildlife and humans.
Agency response. The private citizen’s
comments did not take issue with any
of the Agency’s specific conclusions to
modify, revoke, or establish certain
tolerances. Also, the commenter did not
refer to any specific studies which
pertained to those conclusions. EPA
believes that the tolerance actions
finalized herein meet the safety
standard of FFDCA section 408, 21
U.S.C. 346a. In developing REDs and
TREDs, EPA worked with stakeholders,
pesticide registrants, growers and other
pesticide users, environmental and
public health interests, the States, the
U.S. Department of Agriculture (USDA),
other Federal agencies, and others to
develop voluntary measures or
regulatory controls needed to effectively
reduce risks of concern. Such options
include voluntary cancellation of
pesticide products or deletion of uses,
declaring certain uses ineligible or not
yet eligible, restricting use of products
to certified applicators, limiting the
amount or frequency of use, improving
use directions and precautions, adding
more protective clothing and equipment
requirements, requiring special
packaging or engineering controls,
requiring no-treatment buffer zones,
employing environmental and
ecological safeguards, and other
measures.
ii. Comment by a member of the U.S.
Geological Survey. A comment was
received by EPA from a member of the
U.S. Geological Survey, U.S.
Department of the Interior, who
inquired whether the source of
simazine, such as a contaminant of
atrazine, could affect the Agency’s
proposed tolerance determinations for
simazine.
Agency response. Combined simazine
residues of concern (simazine and its
two chlorinated degradates) detectable
on food commodities are regulated by
tolerances established in 40 CFR
180.213. These two chlorinated
degradates of simazine are also
regulated as combined atrazine residues
of concern in 40 CFR 180.220. The
selection of an individual tolerance
level by EPA is based on available crop
field residue studies designed to
produce the maximum residues under
the existing or proposed product label.
Generally, the level selected for a
tolerance is a value slightly above the
maximum residue found in such
studies, provided that the tolerance is
safe. In addition, for a food-use
pesticide to be sold and distributed for
domestic use in the United States, the
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pesticide must not only have
appropriate tolerances under the
FFDCA, but also must be registered
under FIFRA (7 U.S.C. 136 et seq.).
Under FFDCA section 408(l)(5), residues
on food shall not render the food
adulterated so long as it is shown to the
satisfaction of the U.S. Food and Drug
Administration that the residue is
present as the result of an application or
use of the pesticide at a time and in a
manner that was lawful under FIFRA,
and that 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 a tolerance. In establishing,
modifying, leaving in effect, or revoking
a tolerance or exemption for a pesticide
chemical residue, the Agency considers,
among other relevant factors, available
information such as aggregate human
exposure levels to the pesticide residue.
The tolerance actions finalized herein
for simazine are based on the available
data which EPA has reviewed during
the simazine RED process, and which
the Agency has determined meet the
FFDCA standard, are safe, and that there
is a reasonable certainty (with
appropriate mitigation) that no harm to
any population subgroup will result
from aggregate exposure. However, EPA
may propose to revoke tolerances for
residues of a pesticide under FFDCA
section 408(e)(1) when the Agency has
determined that the existing tolerances
do not meet requirements of FFDCA
section 408(b)(2). Any data on potential
contamination of atrazine with
detectable levels of simazine will be
considered by the Agency and
appropriate tolerance actions, if needed,
will be proposed for public comment.
With the exception of the general
comment on simazine, EPA did not
receive any specific comments, during
the 60–day comment period, on the
following pesticide active ingredients:
Amitraz, atrazine, ethephon, ferbam,
lindane, propachlor, and simazine.
Therefore, the Agency is finalizing the
amendments proposed in the Federal
Register of June 13, 2007 (72 FR 32570).
For a detailed discussion of the
Agency’s rationale for the
establishments, revocations, and
modifications to the tolerances, and
revisions to tolerance expressions and
commodity terminologies, refer to the
proposed rule of June 13, 2007.
In addition, the Agency is making the
following revisions in this final rule.
1. Amitraz. Currently, direct animal
treatments of amitraz are registered for
use on cattle and hogs. In the proposal
of June 13, 2007 (72 FR 32570), EPA
inadvertently stated that there is a 3–
day pre-slaughter interval for cattle
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53451
when in fact there is a 7–day
retreatment interval and no preslaughter interval.
2. Ethephon. EPA proposed to
establish a tolerance for filbert at 0.80
ppm but did not propose in a notice for
comment to revise the tolerance
nomenclature for ethephon in 40 CFR
180.300(a) from filbert to hazelnut, as is
current Agency practice. However,
section 553(b)(3)(B) of the
Administrative Procedure Act provides
that notice and comment is not
necessary ‘‘when the agency for good
cause finds (and incorporates the
finding and a brief statement of reasons
therefore in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ Consequently,
for good cause, EPA is revising the
terminology from filbert to hazelnut and
therefore the Agency is establishing a
tolerance for hazelnut in 40 CFR
180.300(a) at 0.80 ppm. The reason for
taking this action is because such action
has no practical impact on the use of or
exposure to the pesticide active
ingredient, ethephon, in or on that
commodity and is made such that the
tolerance terminology will conform to
current Agency practice.
3. Simazine. EPA proposed to
decrease the tolerance in 40 CFR
180.213 on filbert to 0.20 ppm but did
not propose in a notice for comment to
revise the tolerance nomenclature for
simazine in 40 CFR 180.213 from filbert
to hazelnut, as is current Agency
practice. However, section 553(b)(3)(B)
of the Administrative Procedure Act
provides that notice and comment is not
necessary ‘‘when the agency for good
cause finds (and incorporates the
finding and a brief statement of reasons
therefore in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ Consequently,
for good cause, EPA is revising the
tolerance terminology in 40 CFR
180.213 from filbert to hazelnut. The
reason for taking this action is because
such action has no practical impact on
the use of or exposure to the pesticide
active ingredient, simazine, in or on that
commodity and is made such that the
tolerance terminology will conform to
current Agency practice.
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
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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
standards under FFDCA. The safety
finding determination is found in detail
in each post-FQPA RED and TRED for
the active ingredient. REDs and TREDs
recommend the implementation of
certain tolerance actions, including
modifications to reflect current use
patterns, to meet safety findings, and
change commodity names and
groupings in accordance with new EPA
policy. Printed and electronic copies of
the REDs and TREDs are available as
provided in Unit II.A.
EPA has issued post-FQPA REDs for
atrazine, ferbam, lindane, propachlor,
and simazine, and TREDs for amitraz
and ethephon, whose REDs were
completed prior to FQPA. REDs and
TREDs contain the Agency’s evaluation
of the database for these pesticides,
including statements regarding
additional data on the active ingredients
that may be needed to confirm the
potential human health and
environmental risk assessments
associated with current product uses,
and REDs state conditions under which
these uses and products will be eligible
for reregistration. The REDs and TREDs
recommended the establishment,
modification, and/or revocation of
specific tolerances. RED and TRED
recommendations such as establishing
or modifying tolerances, and in some
cases revoking tolerances, are the result
of assessment under the FFDCA
standard of ‘‘reasonable certainty of no
harm.’’ However, tolerance revocations
recommended in REDs and TREDs that
are made final in this document do not
need such assessment when the
tolerances are no longer necessary.
EPA’s general practice is to revoke
tolerances for residues of pesticide
active ingredients on crops for which
FIFRA registrations no longer exist and
on which the pesticide may therefore no
longer be used in the United States. EPA
has historically been concerned that
retention of tolerances that are not
necessary to cover residues in or on
legally treated foods may encourage
misuse of pesticides within the United
States. Nonetheless, EPA will establish
and maintain tolerances even when
corresponding domestic uses are
canceled if the tolerances, which EPA
refers to as ‘‘import tolerances,’’ are
necessary to allow importation into the
United States of food containing such
pesticide residues. However, where
there are no imported commodities that
require these import tolerances, the
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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?
With the exception of certain
tolerances for ferbam and lindane,
which EPA is revoking with specific
expiration/revocation dates, the Agency
is revoking, modifying, and establishing
specific tolerances, and revising specific
commodity terminologies effective on
the date of publication of this final rule
in the Federal Register. With the
exception of the tolerances for ferbam
and lindane, the Agency believes that
existing stocks of pesticide products
labeled for the uses associated with the
revoked tolerances have been
completely exhausted and that treated
commodities have had sufficient time
for passage through the channels of
trade. EPA is revoking certain ferbam
and lindane tolerances with expiration/
revocation dates of October 27, 2007, for
the ferbam tolerances on bean, cabbage,
lettuce, and raspberry and October 2,
2009 for the lindane tolerances on the
fat of cattle, goats, hops, horses, and
sheep. The Agency believes that these
revocation dates allow users to exhaust
stocks and allow sufficient time for
passage of treated commodities through
the channels of trade.
Any commodities listed in the
regulatory text of this document that are
treated with the pesticides subject to
this final rule, and that are in the
channels of trade following the
tolerance revocations, shall be subject to
FFDCA section 408(1)(5), as established
by FQPA. Under this unit, any residues
of these pesticides in or on such food
shall not render the food adulterated so
long as it is shown to the satisfaction of
the Food and Drug Administration that:
1. The residue is present as the result
of an application or use of the pesticide
at a time and in a manner that was
lawful under FIFRA.
2. The residue does not exceed the
level that was authorized at the time of
the application or use to be present on
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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?
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international Maximum Residue Limits
(MRLs) established by the Codex
Alimentarius Commission, as required
by section 408(b)(4) of FFDCA. The
Codex Alimentarius is a joint U.N. Food
and Agriculture Organization/World
Health Organization food standards
program, and it is recognized as an
international food safety standardssetting organization in trade agreements
to which the United States is a party.
EPA may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level in a notice
published for public comment. EPA’s
effort to harmonize with Codex MRLs is
summarized in the tolerance
reassessment section of individual REDs
and TREDs, and in the Residue
Chemistry document which supports
the RED and TRED, as mentioned in the
proposed rule cited in Unit II.A.
Specific tolerance actions in this rule
and how they compare to Codex MRLs
(if any) are discussed in Unit II.A. of the
proposal.
IV. Statutory and Executive Order
Reviews
In this final rule, EPA establishes
tolerances under FFDCA section 408(e),
and also modifies and revokes specific
tolerances established under FFDCA
section 408. The Office of Management
and Budget (OMB) has exempted these
types of actions (i.e., establishment and
modification of a tolerance and
tolerance revocation for which
extraordinary circumstances do not
exist) from review under Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993). Because this rule has
been exempted from review under
Executive Order 12866 due to its lack of
significance, this rule is not subject to
Executive Order 13211,Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001). This final rule does not
contain any information collections
subject to OMB approval under the
E:\FR\FM\19SER1.SGM
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yshivers on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
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) (FRL–5753–1),
respectively, and were provided to the
Chief Counsel for Advocacy of the Small
Business Administration. Taking into
account this analysis, and available
information concerning the pesticides
listed in this rule, the Agency hereby
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities. In
a memorandum dated May 25, 2001,
EPA determined that eight conditions
must all be satisfied in order for an
import tolerance or tolerance exemption
revocation to adversely affect a
significant number of small entity
importers, and that there is a negligible
joint probability of all eight conditions
holding simultaneously with respect to
any particular revocation. (This Agency
document is available in the docket as
mentioned in Unit II.A.) Furthermore,
for the pesticides named in this final
rule, the Agency knows of no
extraordinary circumstances that exist
as to the present revocations that would
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15:05 Sep 18, 2007
Jkt 211001
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,
entitledFederalism (64 FR 43255,
August 10, 1999). Executive Order
13132 requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ This
final rule directly regulates growers,
food processors, food handlers, and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
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Sfmt 4700
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 12, 2007.
Anne E. Lindsay,
Acting 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. Section 180.114 is amended by
revising paragraph (a) and adding text to
paragraph (c) to read as follows:
I
§ 180.114
Ferbam; tolerances for residues.
(a) General. Tolerances are
established for residues of the fungicide
ferbam (ferric
dimethyldithiocarbamate), calculated as
carbon disulfide, in or on the following
food commodities:
Parts per
million
Commodity
Expiration/
Revocation
Date
4.01
7.01
7.01
4.01
4.01
None
10/27/07
10/27/07
None
None
4.01
4.01
7.01
4.01
4.01
4.01
7.01
Apple .................
Bean .................
Cabbage ...........
Cherry ...............
Cranberry ..........
Fruit, citrus,
group 10 ........
Grape ................
Lettuce ..............
Nectarine ..........
Peach ................
Pear ..................
Raspberry .........
None
None
10/27/07
None
None
None
10/27/07
1Some of these tolerances were established
on the basis of data acquired at the public
hearings held in 1950 (formerly §180.101) and
the remainder were established on the basis
of pesticide petitions presented under the procedure specified in the amendment to the
Federal Food, Drug, and Cosmetic Act by
Pub. L. 518, 83d Congress (68 Stat. 511)
*
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*
19SER1
*
*
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Federal Register / Vol. 72, No. 181 / Wednesday, September 19, 2007 / Rules and Regulations
(c) Tolerances with regional
registrations. Tolerances with regional
registrations, as defined in § 180.1(m),
are established for residues of the
fungicide ferbam (ferric
dimethyldithiocarbamate), calculated as
carbon disulfide, in or on the following
food commodities:
Parts per
million
Commodity
4.01
Mango .......................................
1This tolerance was established on the
basis of data acquired at the public hearings
held in 1950 (formerly §180.101) and the remainder was established on the basis of pesticide petitions presented under the procedure
specified in the amendment to the Federal
Food, Drug, and Cosmetic Act by Pub. L. 518,
83d Congress (68 Stat. 511)
*
Parts per
million
Commodity
Goat, meat byproducts, except
kidney ....................................
Hog, fat .....................................
Hog, meat .................................
Hog, meat byproducts ..............
Horse, fat ..................................
Horse, kidney ............................
Horse, meat ..............................
Horse, meat byproducts, except
kidney ....................................
Milk ...........................................
Sheep, fat .................................
Sheep, kidney ...........................
Sheep, meat .............................
Sheep, meat byproducts, except kidney ............................
Sorghum, forage, forage ..........
Sorghum, grain, forage .............
Sorghum, grain, grain ...............
Sorghum, grain, stover .............
0.05
0.02
0.02
0.02
0.05
0.2
0.02
0.05
0.02
0.05
0.2
0.02
8.0
8.0
0.25
12.0
*
§180. 133 Lindane; tolerances for
residues.
§ 180.213 Simazine; tolerances for
residues.
Parts per
million
Commodity
Cattle, fat ..........
Goat, fat ............
Hog, fat .............
Horse, fat ..........
Sheep, fat .........
7.0
7.0
4.0
7.0
7.0
*
*
*
*
5. Section 180.213 is amended by
revising paragraph (a) to read as follows:
I
(a) General. Tolerances are
established for the combined residues of
Expiration/
the herbicide simazine (2-chloro-4,6Revocation
bis(ethylamino)-s-triazine) and its two
Date
chlorinated degradates (2-amino-410/2/09 chloro-6-ethylamino-s-triazine and 2,410/2/09 diamino-6-chloro-s-triazine), the total
10/2/09 residue to be measured in or on the
10/2/09 following food commodities:
10/2/09
*
*
*
*
I 4. Section 180.211 is amended by
revising the section heading and
paragraph (a) to read as follow:
§ 180.211 Propachlor; tolerances for
residues.
(a) General. Tolerances are
established for the combined residues of
the herbicide propachlor (2-chloro-Nisopropylacetanilide) and its
metabolites containing the Nisopropylaniline moiety, calculated as
2-chloro-N-isopropylacetanilide, in or
on the following raw agricultural
commodities:
yshivers on PROD1PC66 with RULES
Commodity
Parts per
million
Cattle, fat ..................................
Cattle, kidney ............................
Cattle, meat ..............................
Cattle, meat byproducts, except
kidney ....................................
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, stover .....................
Corn, sweet, forage ..................
Goat, fat ....................................
Goat, kidney .............................
Goat, meat ................................
VerDate Aug<31>2005
15:05 Sep 18, 2007
0.05
0.2
0.02
0.05
3.0
0.2
1.0
3.0
0.05
0.2
0.02
Jkt 211001
Parts per
million
Commodity
*
Almond
Almond, hulls ............................
Apple .........................................
Avocado ....................................
Blackberry .................................
Blueberry ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Cherry .......................................
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, stover .....................
Corn, pop, grain ........................
Corn, pop, stover ......................
Corn, sweet, forage ..................
Corn, sweet, kernel plus cob
with husks removed ..............
Corn, sweet, stover ..................
Cranberry ..................................
Currant ......................................
Egg ...........................................
Goat, meat ................................
Goat, meat byproducts .............
Grape ........................................
Grapefruit ..................................
Hazelnut ....................................
Horse, meat ..............................
Horse, meat byproducts ...........
Lemon .......................................
Loganberry ................................
Milk ...........................................
Nut, macadamia .......................
PO 00000
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Fmt 4700
Sfmt 4700
Parts per
million
Olive ..........................................
Orange ......................................
Peach ........................................
Pear ..........................................
Pecan ........................................
Plum ..........................................
Raspberry .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
Strawberry ................................
Walnut .......................................
0.20
0.25
0.20
0.25
0.20
0.20
0.20
0.03
0.03
0.25
0.2
*
*
*
*
6. Section 180.220 is amended by
0.05 revising paragraph (a) to read as follows:
*
*
*
*
I 3. Section 180.133 is amended by
revising the table in paragraph (a) to
read as follows:
(a) General. * * *
Commodity
0.25
0.25
0.20
0.20
0.20
0.20
0.03
0.03
0.25
0.20
0.20
0.25
0.20
0.25
0.20
0.25
0.25
0.25
0.25
0.03
0.03
0.03
0.20
0.25
0.20
0.03
0.03
0.25
0.20
0.03
0.25
*
I
§ 180.220 Atrazine; tolerances for
residues.
(a) General. Tolerances are
established for the combined residues of
the herbicide atrazine (2-chloro-4ethylamino-6-isopropylamino-s-triazine)
and its chlorinated metabolites 2-amino4-chloro-6-isopropylamino-s-triazine, 2amino-4-chloro-6-ethylamino-s-triazine,
and 2,4-diamino-6-chloro-s-triazine, in
or on the following food commodities:
Commodity
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, stover .....................
Corn, pop, forage .....................
Corn, pop, grain ........................
Corn, pop, stover ......................
Corn, sweet, forage ..................
Corn, sweet, kernel plus cob
with husks removed ..............
Corn, sweet, stover ..................
Goat, fat ....................................
Goat, meat ................................
Goat, meat byproducts .............
Grass, forage ............................
Grass, hay ................................
Guava .......................................
Horse, fat ..................................
Horse, meat ..............................
Horse, meat byproducts ...........
Milk ...........................................
Nut, macadamia .......................
Sheep, fat .................................
Sheep, meat .............................
Sheep, meat byproducts ..........
Sorghum, forage, forage ..........
Sorghum, grain forage ..............
Sorghum, grain, grain ...............
Sorghum, grain, stover .............
Sugarcane, cane ......................
Wheat, forage ...........................
Wheat, grain .............................
Wheat, hay ...............................
Wheat, straw .............................
*
Parts per
million
0.02
0.02
0.02
15
0.20
0.5
1.5
0.20
0.5
15
0.20
2.0
0.02
0.02
0.02
4.0
4.0
0.05
0.02
0.02
0.02
0.02
0.20
0.02
0.02
0.02
15
15
0.20
0.50
0.20
1.5
0.10
5.0
0.50
*
*
*
*
7. Section 180.287 is amended by
revising paragraph (a) to read as follows:
I
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§ 180.287
Amitraz; tolerances for residues.
(a) General. Tolerances are
established for residues of the
insecticide amitraz (N′-[2,4dimethylphenyl]-N- [[(2,4dimethylphenyl)imino] methyl]]- Nmethylmethanimidamide) and its
metabolites containing the 2,4dimethylaniline moiety (calculated as
the parent) in or on the following food
commodities:
Commodity
Parts per
million
Cattle, fat ..................................
Cattle, meat ..............................
Cattle, meat byproducts ...........
Cotton, undelinted seed1 ..........
Hog, fat .....................................
Hog, kidney ...............................
Hog, liver ..................................
Hog, meat .................................
Hog, meat byproducts ..............
Milk ...........................................
Milk, fat .....................................
Pear ..........................................
0.1
0.02
0.2
1.0
0.1
0.1
0.1
0.05
0.3
0.03
0.2
3.0
1There are no U.S. registrations on cottonseed as of May 3, 2006.
*
*
*
*
*
8. Section 180.300 is amended by
revising the table in paragraph (a) to
read as follows:
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15:05 Sep 18, 2007
*
*
0.2
0.01
0.5
30.0
2.0
0.02
0.05
0.01
0.01
0.02
1.0
0.02
0.2
1.5
2.0
0.5
5.0
5.0
2.0
5.0
5.0
10.0
*
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
(a) * * *
Apple .........................................
Apple, juice ...............................
Barley, bran ..............................
Barley, grain .............................
Barley, straw .............................
Blackberry .................................
Blueberry ..................................
Cantaloupe ...............................
Cattle, fat ..................................
Cattle, kidney ............................
Cattle, meat ..............................
Cattle, meat byproducts, except
kidney ....................................
Cherry .......................................
Coffee, bean, green ..................
Cotton, gin byproducts .............
Cotton, undelinted seed ...........
Cucumber .................................
Egg ...........................................
Goat, fat ....................................
Goat, kidney .............................
Goat, meat ................................
Goat, meat byproducts, except
kidney ....................................
Grape ........................................
Grape, raisin .............................
Hazelnut ....................................
Hog, fat .....................................
Hog, kidney ...............................
Hog, meat .................................
Hog, meat byproducts, except
kidney ....................................
*
0.02
1.0
0.02
[FR Doc. E7–18508 Filed 9–18–07; 8:45 am]
§ 180.300 Ethephon; tolerances for
residues.
Commodity
Horse, fat ..................................
Horse, kidney ............................
Horse, meat ..............................
Horse, meat byproducts, except
kidney ....................................
Milk ...........................................
Nut, macadamia .......................
Pepper ......................................
Pineapple ..................................
Poultry, fat ................................
Poultry, liver ..............................
Poultry, meat ............................
Poultry, meat byproducts, except liver ................................
Sheep, fat .................................
Sheep, kidney ...........................
Sheep, meat .............................
Sheep, meat byproducts, except kidney ............................
Sugarcane, molasses ...............
Tomato ......................................
Walnut .......................................
Wheat, bran ..............................
Wheat, germ .............................
Wheat, grain .............................
Wheat, middlings ......................
Wheat, shorts ...........................
Wheat, straw .............................
*
I
Parts per
million
Commodity
Parts per
million
5.0
10.0
5.0
2.0
10.0
30.0
20.0
2.0
0.02
1.0
0.02
0.2
10.0
0.5
180.0
6.0
0.1
0.002
0.02
1.0
0.02
0.2
2.0
12.0
0.80
0.02
1.0
0.02
0.2
Jkt 211001
40 CFR Part 180
[EPA–HQ–OPP–2007–0036; FRL–8143–2]
Chloroneb, Cypermethrin,
Methidathion, Nitrapyrin, Oxyfluorfen,
Pirimiphos-methyl, Sulfosate,
Tebuthiuron, Thiabendazole,
Thidiazuron, and Tribuphos; Tolerance
Actions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is revoking certain
tolerances for the fungicides chloroneb
and thiabendazole; the herbicide
sulfosate; the defoliant thidiazuron; the
insecticides cypermethrin,
methidathion, and pirimiphos-methyl;
and the soil microbiocide nitrapyrin.
Also, EPA is modifying certain
tolerances for the fungicides chloroneb
and thiabendazole; the herbicides
oxyfluorfen and tebuthiuron; the
defoliants thidiazuron and tribuphos;
the insecticides cypermethrin,
methidathion, and pirimiphos-methyl;
and the soil microbiocide nitrapyrin. In
addition, EPA is establishing new
tolerances for the fungicides chloroneb
and thiabendazole; the herbicide
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Fmt 4700
Sfmt 4700
53455
oxyfluorfen; the defoliants thidiazuron
and tribuphos; the insecticides
cypermethrin, methidathion, and
pirimiphos-methyl; and the soil
microbiocide nitrapyrin. The regulatory
actions finalized in this document are in
follow-up to the Agency’s reregistration
program under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), and tolerance reassessment
program under the Federal Food, Drug,
and Cosmetic Act (FFDCA) section
408(q).
This regulation is effective
September 19, 2007. Objections and
requests for hearings must be received
on or before November 19, 2007, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
DATES:
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0036. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
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 Building),
2777 S. Crystal Drive, Arlington, VA.
The Docket Facility is open from 8:30
a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is (703) 305–5805.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Joseph Nevola, Special Review and
Reregistration Division (7508P), Office
of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 308–8037; email address: nevola.joseph@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\19SER1.SGM
19SER1
Agencies
[Federal Register Volume 72, Number 181 (Wednesday, September 19, 2007)]
[Rules and Regulations]
[Pages 53449-53455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18508]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2007-0187; FRL-8147-5]
Amitraz, Atrazine, Ethephon, Ferbam, Lindane, Propachlor, and
Simazine; Tolerance Actions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is revoking certain tolerances for the insecticides
amitraz and lindane; the herbicides atrazine, propachlor, and simazine;
the plant growth regulator ethephon; and the fungicide ferbam. Also,
EPA is modifying certain tolerances for the herbicide atrazine,
propachlor, and simazine; the insecticide amitraz; the plant growth
regulator ethephon; and the fungicide ferbam. In addition, EPA is
establishing new tolerances for the herbicide atrazine and the plant
growth regulator ethephon. The regulatory actions finalized in this
document are in follow-up to the Agency's reregistration program under
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and
tolerance reassessment program under the Federal Food, Drug, and
Cosmetic Act (FFDCA) section 408(q).
DATES: This regulation is effective September 19, 2007. Objections and
requests for hearings must be received on or before November 19, 2007,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0187. To access the
electronic docket, go to https://www.regulations.gov, select ``Advanced
Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket athttps://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: Monisha Dandridge, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-0410; e-mail
address: Dandridge.monisha@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).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
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 underFOR FURTHER INFORMATION CONTACT.
[[Page 53450]]
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 the Food Quality
Protection Act (FQPA), any person may file an objection to any aspect
of this regulation and may also request a hearing on those objections.
The EPA procedural regulations which govern the submission of
objections and requests for hearings appear in 40 CFR part 178. You
must file your objection or request a hearing on this regulation in
accordance with the instructions provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-
2007-0187 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 19, 2007.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2007-0187, 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 13, 2007 (72 FR 32570) (FRL-8133-
3), EPA issued a proposal to revoke, modify, and establish specific
tolerances for residues of the fungicide ferbam; the herbicides
atrazine, propachlor, and simazine; the insecticides amitraz and
lindane, and the plant growth regulator ethephon. Also, the proposal of
June 13, 2007, provided a 60-day comment period which invited public
comment for consideration and for support of tolerance retention under
FFDCA standards.
In this final rule, EPA is revoking, modifying, and establishing
specific tolerances for residues of the fungicide ferbam; the
herbicides atrazine, propachlor, and simazine; the insecticides amitraz
and lindane, and the plant growth regulator ethephon in or on
commodities listed in the regulatory text of this document.
EPA is finalizing these tolerance actions in order to implement the
tolerance recommendations made during the reregistration and tolerance
reassessment processes (including follow-up on canceled or additional
uses of pesticides). As part of these processes, EPA is required to
determine whether each of the amended tolerances meets the safety
standard of FFDCA. The safety finding determination of ``reasonable
certainty of no harm'' is discussed in detail in each Reregistration
Eligibility Decision (RED) and Report on FQPA Tolerance Reassessment
Progress and Interim Risk Management Decision (TRED) for the active
ingredient. REDs and TREDs recommend the implementation of certain
tolerance actions, including modifications, to reflect current use
patterns, to meet safety findings and change commodity names and
groupings in accordance with new EPA policy. Printed copies of many
REDs and TREDs may be obtained from EPA's National Service Center for
Environmental Publications (EPA/NSCEP), P.O. Box 42419, Cincinnati, OH
45242-2419, telephone number: 1-800-490-9198; fax number: 1-513-489-
8695; Internet at 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
at https://www.ntis.gov. Electronic copies of REDs and TREDs are
available on the Internet at https://www.regulations.gov and https://
www.epa.gov/pesticides/reregistration/status.htm.
In this final rule, EPA is revoking certain tolerances and/or
tolerance exemptions because either they are no longer needed or are
associated with food uses that are no longer registered under FIFRA in
the United States. Those instances where registrations were canceled
were because the registrant failed to pay the required maintenance fee
and/or the registrant voluntarily requested cancellation of one or more
registered uses of the pesticide active ingredient. The tolerances
revoked by this final rule are no longer necessary to cover residues of
the relevant pesticides in or on domestically treated commodities or
commodities treated outside but imported into the United States. It is
EPA's general practice to issue a final rule revoking those tolerances
and tolerance exemptions for residues of pesticide active ingredients
on crop uses for which there are no active registrations under FIFRA,
unless any person who comments on the proposal indicates a need for the
tolerance or tolerance exemption to cover residues in or on imported
commodities or legally treated domestic commodities.
Historically, EPA has been concerned that retention of tolerances
that are not necessary to cover residues in or on legally treated foods
may encourage misuse of pesticides within the United States.
Generally, EPA will proceed with the revocation of these tolerances
on the grounds discussed in Unit II.A. if one of the following
conditions applies:
1. 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.
2. EPA independently verifies that the tolerance is no longer
needed.
3. The tolerance is not supported by data that demonstrate that the
tolerance meets the requirements under FQPA.
This final rule does not revoke those tolerances for which EPA
received comments stating a need for the tolerance to be retained. In
response to the proposal published in the Federal Register of June 13,
2007 (72 FR 32570), EPA received comments during the 60-day public
comment period, as follows:
i. General--Comment by private citizen. A private citizen stated
that only zero tolerance levels should be
[[Page 53451]]
acceptable. In addition, the commenter expressed a concern for
pesticide use in general and their possible toxic effects on wildlife
and humans.
Agency response. The private citizen's comments did not take issue
with any of the Agency's specific conclusions to modify, revoke, or
establish certain tolerances. Also, the commenter did not refer to any
specific studies which pertained to those conclusions. EPA believes
that the tolerance actions finalized herein meet the safety standard of
FFDCA section 408, 21 U.S.C. 346a. In developing REDs and TREDs, EPA
worked with stakeholders, pesticide registrants, growers and other
pesticide users, environmental and public health interests, the States,
the U.S. Department of Agriculture (USDA), other Federal agencies, and
others to develop voluntary measures or regulatory controls needed to
effectively reduce risks of concern. Such options include voluntary
cancellation of pesticide products or deletion of uses, declaring
certain uses ineligible or not yet eligible, restricting use of
products to certified applicators, limiting the amount or frequency of
use, improving use directions and precautions, adding more protective
clothing and equipment requirements, requiring special packaging or
engineering controls, requiring no-treatment buffer zones, employing
environmental and ecological safeguards, and other measures.
ii. Comment by a member of the U.S. Geological Survey. A comment
was received by EPA from a member of the U.S. Geological Survey, U.S.
Department of the Interior, who inquired whether the source of
simazine, such as a contaminant of atrazine, could affect the Agency's
proposed tolerance determinations for simazine.
Agency response. Combined simazine residues of concern (simazine
and its two chlorinated degradates) detectable on food commodities are
regulated by tolerances established in 40 CFR 180.213. These two
chlorinated degradates of simazine are also regulated as combined
atrazine residues of concern in 40 CFR 180.220. The selection of an
individual tolerance level by EPA is based on available crop field
residue studies designed to produce the maximum residues under the
existing or proposed product label. Generally, the level selected for a
tolerance is a value slightly above the maximum residue found in such
studies, provided that the tolerance is safe. In addition, for a food-
use pesticide to be sold and distributed for domestic use in the United
States, the pesticide must not only have appropriate tolerances under
the FFDCA, but also must be registered under FIFRA (7 U.S.C. 136 et
seq.). Under FFDCA section 408(l)(5), residues on food shall not render
the food adulterated so long as it is shown to the satisfaction of the
U.S. Food and Drug Administration that the residue is present as the
result of an application or use of the pesticide at a time and in a
manner that was lawful under FIFRA, and that 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 a
tolerance. In establishing, modifying, leaving in effect, or revoking a
tolerance or exemption for a pesticide chemical residue, the Agency
considers, among other relevant factors, available information such as
aggregate human exposure levels to the pesticide residue. The tolerance
actions finalized herein for simazine are based on the available data
which EPA has reviewed during the simazine RED process, and which the
Agency has determined meet the FFDCA standard, are safe, and that there
is a reasonable certainty (with appropriate mitigation) that no harm to
any population subgroup will result from aggregate exposure. However,
EPA may propose to revoke tolerances for residues of a pesticide under
FFDCA section 408(e)(1) when the Agency has determined that the
existing tolerances do not meet requirements of FFDCA section
408(b)(2). Any data on potential contamination of atrazine with
detectable levels of simazine will be considered by the Agency and
appropriate tolerance actions, if needed, will be proposed for public
comment.
With the exception of the general comment on simazine, EPA did not
receive any specific comments, during the 60-day comment period, on the
following pesticide active ingredients: Amitraz, atrazine, ethephon,
ferbam, lindane, propachlor, and simazine. Therefore, the Agency is
finalizing the amendments proposed in the Federal Register of June 13,
2007 (72 FR 32570). For a detailed discussion of the Agency's rationale
for the establishments, revocations, and modifications to the
tolerances, and revisions to tolerance expressions and commodity
terminologies, refer to the proposed rule of June 13, 2007.
In addition, the Agency is making the following revisions in this
final rule.
1. Amitraz. Currently, direct animal treatments of amitraz are
registered for use on cattle and hogs. In the proposal of June 13, 2007
(72 FR 32570), EPA inadvertently stated that there is a 3-day pre-
slaughter interval for cattle when in fact there is a 7-day retreatment
interval and no pre-slaughter interval.
2. Ethephon. EPA proposed to establish a tolerance for filbert at
0.80 ppm but did not propose in a notice for comment to revise the
tolerance nomenclature for ethephon in 40 CFR 180.300(a) from filbert
to hazelnut, as is current Agency practice. However, section
553(b)(3)(B) of the Administrative Procedure Act provides that notice
and comment is not necessary ``when the agency for good cause finds
(and incorporates the finding and a brief statement of reasons
therefore in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.''
Consequently, for good cause, EPA is revising the terminology from
filbert to hazelnut and therefore the Agency is establishing a
tolerance for hazelnut in 40 CFR 180.300(a) at 0.80 ppm. The reason for
taking this action is because such action has no practical impact on
the use of or exposure to the pesticide active ingredient, ethephon, in
or on that commodity and is made such that the tolerance terminology
will conform to current Agency practice.
3. Simazine. EPA proposed to decrease the tolerance in 40 CFR
180.213 on filbert to 0.20 ppm but did not propose in a notice for
comment to revise the tolerance nomenclature for simazine in 40 CFR
180.213 from filbert to hazelnut, as is current Agency practice.
However, section 553(b)(3)(B) of the Administrative Procedure Act
provides that notice and comment is not necessary ``when the agency for
good cause finds (and incorporates the finding and a brief statement of
reasons therefore in the rules issued) that notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' Consequently, for good cause, EPA is revising the tolerance
terminology in 40 CFR 180.213 from filbert to hazelnut. The reason for
taking this action is because such action has no practical impact on
the use of or exposure to the pesticide active ingredient, simazine, in
or on that commodity and is made such that the tolerance terminology
will conform to current Agency practice.
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
[[Page 53452]]
reregistration and tolerance reassessment processes, and as follow-up
on canceled uses of pesticides. As part of these processes, EPA is
required to determine whether each of the amended tolerances meets the
safety standards under FFDCA. The safety finding determination is found
in detail in each post-FQPA RED and TRED for the active ingredient.
REDs and TREDs recommend the implementation of certain tolerance
actions, including modifications to reflect current use patterns, to
meet safety findings, and change commodity names and groupings in
accordance with new EPA policy. Printed and electronic copies of the
REDs and TREDs are available as provided in Unit II.A.
EPA has issued post-FQPA REDs for atrazine, ferbam, lindane,
propachlor, and simazine, and TREDs for amitraz and ethephon, whose
REDs were completed prior to FQPA. REDs and TREDs contain the Agency's
evaluation of the database for these pesticides, including statements
regarding additional data on the active ingredients that may be needed
to confirm the potential human health and environmental risk
assessments associated with current product uses, and REDs state
conditions under which these uses and products will be eligible for
reregistration. The REDs and TREDs recommended the establishment,
modification, and/or revocation of specific tolerances. RED and TRED
recommendations such as establishing or modifying tolerances, and in
some cases revoking tolerances, are the result of assessment under the
FFDCA standard of ``reasonable certainty of no harm.'' However,
tolerance revocations recommended in REDs and TREDs that are made final
in this document do not need such assessment when the tolerances are no
longer necessary.
EPA's general practice is to revoke tolerances for residues of
pesticide active ingredients on crops for which FIFRA registrations no
longer exist and on which the pesticide may therefore no longer be used
in the United States. EPA has historically been concerned that
retention of tolerances that are not necessary to cover residues in or
on legally treated foods may encourage misuse of pesticides within the
United States. Nonetheless, EPA will establish and maintain tolerances
even when corresponding domestic uses are canceled if the tolerances,
which EPA refers to as ``import tolerances,'' are necessary to allow
importation into the United States of food containing such pesticide
residues. However, where there are no imported commodities that require
these import tolerances, the Agency believes it is appropriate to
revoke tolerances for unregistered pesticides in order to prevent
potential misuse.
When EPA establishes tolerances for pesticide residues in or on raw
agricultural commodities, the Agency gives consideration to possible
pesticide residues in meat, milk, poultry, and/or eggs produced by
animals that are fed agricultural products (for example, grain or hay)
containing pesticides residues (40 CFR 180.6). If there is no
reasonable expectation of finite pesticide residues in or on meat,
milk, poultry, or eggs, then tolerances do not need to be established
for these commodities (40 CFR 180.6(b) and 180.6(c)).
C. When Do These Actions Become Effective?
With the exception of certain tolerances for ferbam and lindane,
which EPA is revoking with specific expiration/revocation dates, the
Agency is revoking, modifying, and establishing specific tolerances,
and revising specific commodity terminologies effective on the date of
publication of this final rule in the Federal Register. With the
exception of the tolerances for ferbam and lindane, the Agency believes
that existing stocks of pesticide products labeled for the uses
associated with the revoked tolerances have been completely exhausted
and that treated commodities have had sufficient time for passage
through the channels of trade. EPA is revoking certain ferbam and
lindane tolerances with expiration/revocation dates of October 27,
2007, for the ferbam tolerances on bean, cabbage, lettuce, and
raspberry and October 2, 2009 for the lindane tolerances on the fat of
cattle, goats, hops, horses, and sheep. The Agency believes that these
revocation dates allow users to exhaust stocks and allow sufficient
time for passage of treated commodities through the channels of trade.
Any commodities listed in the regulatory text of this document that
are treated with the pesticides subject to this final rule, and that
are in the channels of trade following the tolerance revocations, shall
be subject to FFDCA section 408(1)(5), as established by FQPA. Under
this unit, any residues of these pesticides in or on such food shall
not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that:
1. The residue is present as the result of an application or use of
the pesticide at a time and in a manner that was lawful under FIFRA.
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?
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international Maximum Residue Limits (MRLs) established
by the Codex Alimentarius Commission, as required by section 408(b)(4)
of FFDCA. The Codex Alimentarius is a joint U.N. Food and Agriculture
Organization/World Health Organization food standards program, and it
is recognized as an international food safety standards-setting
organization in trade agreements to which the United States is a party.
EPA may establish a tolerance that is different from a Codex MRL;
however, FFDCA section 408(b)(4) requires that EPA explain the reasons
for departing from the Codex level in a notice published for public
comment. EPA's effort to harmonize with Codex MRLs is summarized in the
tolerance reassessment section of individual REDs and TREDs, and in the
Residue Chemistry document which supports the RED and TRED, as
mentioned in the proposed rule cited in Unit II.A. Specific tolerance
actions in this rule and how they compare to Codex MRLs (if any) are
discussed in Unit II.A. of the proposal.
IV. Statutory and Executive Order Reviews
In this final rule, EPA establishes tolerances under FFDCA section
408(e), and also modifies and revokes specific tolerances established
under FFDCA section 408. The Office of Management and Budget (OMB) has
exempted these types of actions (i.e., establishment and modification
of a tolerance and tolerance revocation for which extraordinary
circumstances do not exist) from review under Executive Order 12866,
entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted from review under Executive Order
12866 due to its lack of significance, this rule is not subject to
Executive Order 13211,Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001).
This final rule does not contain any information collections subject to
OMB approval under the
[[Page 53453]]
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) (FRL-5753-1), respectively, and were
provided to the Chief Counsel for Advocacy of the Small Business
Administration. Taking into account this analysis, and available
information concerning the pesticides listed in this rule, the Agency
hereby certifies that this final rule will not have a significant
economic impact on a substantial number of small entities. In a
memorandum dated May 25, 2001, EPA determined that eight conditions
must all be satisfied in order for an import tolerance or tolerance
exemption revocation to adversely affect a significant number of small
entity importers, and that there is a negligible joint probability of
all eight conditions holding simultaneously with respect to any
particular revocation. (This Agency document is available in the docket
as mentioned in Unit II.A.) Furthermore, for the pesticides named in
this final rule, the Agency knows of no extraordinary circumstances
that exist as to the present revocations that would change EPA's
previous analysis. In addition, the Agency has determined that this
action will not have a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132, entitledFederalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. For these same reasons, the Agency has
determined that this rule does not have any ``tribal implications'' as
described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
Order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of this final rule in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: September 12, 2007.
Anne E. Lindsay,
Acting Director, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. Section 180.114 is amended by revising paragraph (a) and adding text
to paragraph (c) to read as follows:
Sec. 180.114 Ferbam; tolerances for residues.
(a) General. Tolerances are established for residues of the
fungicide ferbam (ferric dimethyldithiocarbamate), calculated as carbon
disulfide, in or on the following food commodities:
------------------------------------------------------------------------
Expiration/
Commodity Parts per Revocation
million Date
------------------------------------------------------------------------
Apple......................................... 4.0\1\ None
Bean.......................................... 7.0\1\ 10/27/07
Cabbage....................................... 7.0\1\ 10/27/07
Cherry........................................ 4.0\1\ None
Cranberry..................................... 4.0\1\ None
Fruit, citrus, group 10....................... 4.0\1\ None
Grape......................................... 4.0\1\ None
Lettuce....................................... 7.0\1\ 10/27/07
Nectarine..................................... 4.0\1\ None
Peach......................................... 4.0\1\ None
Pear.......................................... 4.0\1\ None
Raspberry..................................... 7.0\1\ 10/27/07
------------------------------------------------------------------------
\1\Some of these tolerances were established on the basis of data
acquired at the public hearings held in 1950 (formerly Sec. 180.101)
and the remainder were established on the basis of pesticide petitions
presented under the procedure specified in the amendment to the
Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68
Stat. 511)
* * * * *
[[Page 53454]]
(c) Tolerances with regional registrations. Tolerances with
regional registrations, as defined in Sec. 180.1(m), are established
for residues of the fungicide ferbam (ferric dimethyldithiocarbamate),
calculated as carbon disulfide, in or on the following food
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Mango...................................................... 4.0\1\
------------------------------------------------------------------------
\1\This tolerance was established on the basis of data acquired at the
public hearings held in 1950 (formerly Sec. 180.101) and the
remainder was established on the basis of pesticide petitions
presented under the procedure specified in the amendment to the
Federal Food, Drug, and Cosmetic Act by Pub. L. 518, 83d Congress (68
Stat. 511)
* * * * *
0
3. Section 180.133 is amended by revising the table in paragraph (a) to
read as follows:
Sec. 180. 133 Lindane; tolerances for residues.
(a) General. * * *
------------------------------------------------------------------------
Expiration/
Commodity Parts per Revocation
million Date
------------------------------------------------------------------------
Cattle, fat................................... 7.0 10/2/09
Goat, fat..................................... 7.0 10/2/09
Hog, fat...................................... 4.0 10/2/09
Horse, fat.................................... 7.0 10/2/09
Sheep, fat.................................... 7.0 10/2/09
------------------------------------------------------------------------
* * * * *
0
4. Section 180.211 is amended by revising the section heading and
paragraph (a) to read as follow:
Sec. 180.211 Propachlor; tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the herbicide propachlor (2-chloro-N-isopropylacetanilide) and its
metabolites containing the N-isopropylaniline moiety, calculated as 2-
chloro-N-isopropylacetanilide, in or on the following raw agricultural
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.05
Cattle, kidney............................................. 0.2
Cattle, meat............................................... 0.02
Cattle, meat byproducts, except kidney..................... 0.05
Corn, field, forage........................................ 3.0
Corn, field, grain......................................... 0.2
Corn, field, stover........................................ 1.0
Corn, sweet, forage........................................ 3.0
Goat, fat.................................................. 0.05
Goat, kidney............................................... 0.2
Goat, meat................................................. 0.02
Goat, meat byproducts, except kidney....................... 0.05
Hog, fat................................................... 0.02
Hog, meat.................................................. 0.02
Hog, meat byproducts....................................... 0.02
Horse, fat................................................. 0.05
Horse, kidney.............................................. 0.2
Horse, meat................................................ 0.02
Horse, meat byproducts, except kidney...................... 0.05
Milk....................................................... 0.02
Sheep, fat................................................. 0.05
Sheep, kidney.............................................. 0.2
Sheep, meat................................................ 0.02
Sheep, meat byproducts, except kidney...................... 0.05
Sorghum, forage, forage.................................... 8.0
Sorghum, grain, forage..................................... 8.0
Sorghum, grain, grain...................................... 0.25
Sorghum, grain, stover..................................... 12.0
------------------------------------------------------------------------
* * * * *
0
5. Section 180.213 is amended by revising paragraph (a) to read as
follows:
Sec. 180.213 Simazine; tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the herbicide simazine (2-chloro-4,6-bis(ethylamino)-s-triazine) and
its two chlorinated degradates (2-amino-4-chloro-6-ethylamino-s-
triazine and 2,4-diamino-6-chloro-s-triazine), the total residue to be
measured in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Almond 0.25
Almond, hulls.............................................. 0.25
Apple...................................................... 0.20
Avocado.................................................... 0.20
Blackberry................................................. 0.20
Blueberry.................................................. 0.20
Cattle, meat............................................... 0.03
Cattle, meat byproducts.................................... 0.03
Cherry..................................................... 0.25
Corn, field, forage........................................ 0.20
Corn, field, grain......................................... 0.20
Corn, field, stover........................................ 0.25
Corn, pop, grain........................................... 0.20
Corn, pop, stover.......................................... 0.25
Corn, sweet, forage........................................ 0.20
Corn, sweet, kernel plus cob with husks removed............ 0.25
Corn, sweet, stover........................................ 0.25
Cranberry.................................................. 0.25
Currant.................................................... 0.25
Egg........................................................ 0.03
Goat, meat................................................. 0.03
Goat, meat byproducts...................................... 0.03
Grape...................................................... 0.20
Grapefruit................................................. 0.25
Hazelnut................................................... 0.20
Horse, meat................................................ 0.03
Horse, meat byproducts..................................... 0.03
Lemon...................................................... 0.25
Loganberry................................................. 0.20
Milk....................................................... 0.03
Nut, macadamia............................................. 0.25
Olive...................................................... 0.20
Orange..................................................... 0.25
Peach...................................................... 0.20
Pear....................................................... 0.25
Pecan...................................................... 0.20
Plum....................................................... 0.20
Raspberry.................................................. 0.20
Sheep, meat................................................ 0.03
Sheep, meat byproducts..................................... 0.03
Strawberry................................................. 0.25
Walnut..................................................... 0.2
------------------------------------------------------------------------
* * * * *
0
6. Section 180.220 is amended by revising paragraph (a) to read as
follows:
Sec. 180.220 Atrazine; tolerances for residues.
(a) General. Tolerances are established for the combined residues
of the herbicide atrazine (2-chloro-4-ethylamino-6-isopropylamino-s-
triazine) and its chlorinated metabolites 2-amino-4-chloro-6-
isopropylamino-s-triazine, 2-amino-4-chloro-6-ethylamino-s-triazine,
and 2,4-diamino-6-chloro-s-triazine, in or on the following food
commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.02
Cattle, meat............................................... 0.02
Cattle, meat byproducts.................................... 0.02
Corn, field, forage........................................ 15
Corn, field, grain......................................... 0.20
Corn, field, stover........................................ 0.5
Corn, pop, forage.......................................... 1.5
Corn, pop, grain........................................... 0.20
Corn, pop, stover.......................................... 0.5
Corn, sweet, forage........................................ 15
Corn, sweet, kernel plus cob with husks removed............ 0.20
Corn, sweet, stover........................................ 2.0
Goat, fat.................................................. 0.02
Goat, meat................................................. 0.02
Goat, meat byproducts...................................... 0.02
Grass, forage.............................................. 4.0
Grass, hay................................................. 4.0
Guava...................................................... 0.05
Horse, fat................................................. 0.02
Horse, meat................................................ 0.02
Horse, meat byproducts..................................... 0.02
Milk....................................................... 0.02
Nut, macadamia............................................. 0.20
Sheep, fat................................................. 0.02
Sheep, meat................................................ 0.02
Sheep, meat byproducts..................................... 0.02
Sorghum, forage, forage.................................... 15
Sorghum, grain forage...................................... 15
Sorghum, grain, grain...................................... 0.20
Sorghum, grain, stover..................................... 0.50
Sugarcane, cane............................................ 0.20
Wheat, forage.............................................. 1.5
Wheat, grain............................................... 0.10
Wheat, hay................................................. 5.0
Wheat, straw............................................... 0.50
------------------------------------------------------------------------
* * * * *
0
7. Section 180.287 is amended by revising paragraph (a) to read as
follows:
[[Page 53455]]
Sec. 180.287 Amitraz; tolerances for residues.
(a) General. Tolerances are established for residues of the
insecticide amitraz (N'-[2,4-dimethylphenyl]-N- [[(2,4-
dimethylphenyl)imino] methyl]]- N-methylmethanimidamide) and its
metabolites containing the 2,4-dimethylaniline moiety (calculated as
the parent) in or on the following food commodities:
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Cattle, fat................................................ 0.1
Cattle, meat............................................... 0.02
Cattle, meat byproducts.................................... 0.2
Cotton, undelinted seed\1\................................. 1.0
Hog, fat................................................... 0.1
Hog, kidney................................................ 0.1
Hog, liver................................................. 0.1
Hog, meat.................................................. 0.05
Hog, meat byproducts....................................... 0.3
Milk....................................................... 0.03
Milk, fat.................................................. 0.2
Pear....................................................... 3.0
------------------------------------------------------------------------
\1\There are no U.S. registrations on cottonseed as of May 3, 2006.
* * * * *
0
8. Section 180.300 is amended by revising the table in paragraph (a) to
read as follows:
Sec. 180.300 Ethephon; tolerances for residues.
(a) * * *
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
Apple...................................................... 5.0
Apple, juice............................................... 10.0
Barley, bran............................................... 5.0
Barley, grain.............................................. 2.0
Barley, straw.............................................. 10.0
Blackberry................................................. 30.0
Blueberry.................................................. 20.0
Cantaloupe................................................. 2.0
Cattle, fat................................................ 0.02
Cattle, kidney............................................. 1.0
Cattle, meat............................................... 0.02
Cattle, meat byproducts, except kidney..................... 0.2
Cherry..................................................... 10.0
Coffee, bean, green........................................ 0.5
Cotton, gin byproducts..................................... 180.0
Cotton, undelinted seed.................................... 6.0
Cucumber................................................... 0.1
Egg........................................................ 0.002
Goat, fat.................................................. 0.02
Goat, kidney............................................... 1.0
Goat, meat................................................. 0.02
Goat, meat byproducts, except kidney....................... 0.2
Grape...................................................... 2.0
Grape, raisin.............................................. 12.0
Hazelnut................................................... 0.80
Hog, fat................................................... 0.02
Hog, kidney................................................ 1.0
Hog, meat.................................................. 0.02
Hog, meat byproducts, except kidney........................ 0.2
Horse, fat................................................. 0.02
Horse, kidney.............................................. 1.0
Horse, meat................................................ 0.02
Horse, meat byproducts, except kidney...................... 0.2
Milk....................................................... 0.01
Nut, macadamia............................................. 0.5
Pepper..................................................... 30.0
Pineapple.................................................. 2.0
Poultry, fat............................................... 0.02
Poultry, liver............................................. 0.05
Poultry, meat.............................................. 0.01
Poultry, meat byproducts, except liver..................... 0.01
Sheep, fat................................................. 0.02
Sheep, kidney.............................................. 1.0
Sheep, meat................................................ 0.02
Sheep, meat byproducts, except kidney...................... 0.2
Sugarcane, molasses........................................ 1.5
Tomato..................................................... 2.0
Walnut..................................................... 0.5
Wheat, bran................................................ 5.0
Wheat, germ................................................ 5.0
Wheat, grain............................................... 2.0
Wheat, middlings........................................... 5.0
Wheat, shorts.............................................. 5.0
Wheat, straw............................................... 10.0
------------------------------------------------------------------------
* * * * *
[FR Doc. E7-18508 Filed 9-18-07; 8:45 am]
BILLING CODE 6560-50-S