Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations 52013

ENVIRONMENTAL PROTECTION the Internet and will be publicly B. How Can I Access Electronic Copies AGENCY available only in hard copy form. of this Document? Publicly available docket materials are In addition to accessing an electronic 40 CFR Part 180 available in the electronic docket at copy of this Federal Register document http://www.regulations.gov or, if only [EPA–HQ–OPP–2007–0097; FRL–8142–2] through the electronic docket athttp:// available in hard copy, at the OPP www.regulations.gov, you may access Captan, 2,4-D, Dodine, DCPA, Regulatory Public Docket in Rm. S-4400, this Federal Register document Endothall, Fomesafen, Propyzamide, One Potomac Yard (South Building), electronically through the EPA Internet Ethofumesate, Permethrin, Dimethipin, 2777 S. Crystal Drive, Arlington, VA. under the Federal Register listings at and Fenarimol; Tolerance Actions The Docket Facility is open from 8:30 http://www.epa.gov/fedrgstr. You may a.m. to 4 p.m., Monday through Friday, also access a frequently updated AGENCY: Environmental Protection excluding legal holidays. The Docket electronic version of 40 CFR part 180 Agency (EPA). telephone number is (703) 305–5805. through the Government Printing ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Jane Office’s pilot e-CFR site at http:// Smith, Special Review and SUMMARY: www.gpoaccess.gov/ecfr. EPA is revoking certain Reregistration Division (7508P), Office tolerances for captan, 2,4-D, dodine, of Pesticide Programs, Environmental C. Can I File an Objection or Hearing endothall, propyzamide, permethrin, Protection Agency, 1200 Pennsylvania Request? ethofumesate and dimethipin. Also, Ave., NW., Washington, DC 20460– Under section 408(g) of the FFDCA, as EPA is modifying certain tolerances for 0001; telephone number: (703) 308– amended by the FQPA, any person may captan, 2,4-D, dodine, DCPA, endothall, 0048; e-mail address:smith.jane- file an objection to any aspect of this propyzamide, permethrin, [email protected]. regulation and may also request a ethofumesate, and fomesafen. In hearing on those objections. The EPA addition, EPA is establishing new SUPPLEMENTARY INFORMATION: procedural regulations which govern the tolerances for captan, 2,4-D, dodine, I. General Information submission of objections and requests propyzamide, permethrin, and for hearings appear in 40 CFR part 178. ethofumesate. EPA is not taking action A. Does this Action Apply to Me? You must file your objection or request on the proposed change to the fenarimol You may be potentially affected by a hearing on this regulation in tolerance on apples at this time. The this action if you are an agricultural accordance with the instructions regulatory actions in this document are producer, food manufacturer, or provided in 40 CFR part 178. To ensure in follow-up to the Agency’s pesticide manufacturer. Potentially proper receipt by EPA, you must reregistration program under the Federal affected entities may include, but are identify docket ID number EPA–HQ– Insecticide, Fungicide, and Rodenticide not limited to: OPP–2007–0097 in the subject line on Act (FIFRA), and the tolerance • Crop production (NAICS code 111), the first page of your submission. All reassessment requirements of the e.g., agricultural workers; greenhouse, requests must be in writing, and must be Federal Food, Drug, and Cosmetic Act nursery, and floriculture workers; mailed or delivered to the Hearing Clerk (FFDCA) section 408(q) as amended by farmers. on or before November 13, 2007. the Food Quality Protection Act (FQPA) • Animal production (NAICS code In addition to filing an objection or of 1996. 112), e.g., cattle ranchers and farmers, hearing request with the Hearing Clerk DATES: This regulation is effective dairy cattle farmers, livestock farmers. as described in 40 CFR part 178, please September 12, 2007. Objections and • Food manufacturing (NAICS code submit a copy of the filing that does not requests for hearings must be received 311), e.g., agricultural workers; farmers; contain any CBI for inclusion in the on or before November 13, 2007, and greenhouse, nursery, and floriculture public docket that is described in must be filed in accordance with the workers; ranchers; pesticide applicators. ADDRESSES. Information not marked instructions provided in 40 CFR part • Pesticide manufacturing (NAICS confidential pursuant to 40 CFR part 2 178 (see also Unit I.C. of the code 32532), e.g., agricultural workers; may be disclosed publicly by EPA SUPPLEMENTARY INFORMATION). commercial applicators; farmers; without prior notice. Submit your ADDRESSES: EPA has established a greenhouse, nursery, and floriculture copies, identified by docket ID number docket for this action under docket workers; residential users. EPA–HQ–OPP–2007–0097, by one of identification (ID) number EPA–HQ– This listing is not intended to be the following methods. OPP–2007–0097. To access the exhaustive, but rather provides a guide • Federal eRulemaking Portal: http:// electronic docket, go to http:// for readers regarding entities likely to be www.regulations.gov. Follow the on-line www.regulations.gov, select ‘‘Advanced affected by this action. Other types of instructions for submitting comments. Search,’’ then ‘‘Docket Search.’’ Insert entities not listed in this unit could also • Mail: Office of Pesticide Programs the docket ID number where indicated be affected. The North American (OPP) Regulatory Public Docket (7502P), and select the ‘‘Submit’’ button. Follow Industrial Classification System Environmental Protection Agency, 1200 the instructions on the regulations.gov (NAICS) codes have been provided to Pennsylvania Ave., NW., Washington, website to view the docket index or assist you and others in determining DC 20460–0001. access available documents. All whether this action might apply to • Delivery: OPP Regulatory Public documents in the docket are listed in certain entities. To determine whether Docket (7502P), Environmental the docket index available in you or your business may be affected by Protection Agency, Rm. S–4400, One regulations.gov. Although listed in the this action, you should carefully Potomac Yard (South Building), 2777 S. index, some information is not publicly examine the applicability provisions in Crystal Drive, Arlington, VA. Deliveries available, e.g., Confidential Business Unit II.A. If you have any questions are only accepted during the Docket’s Information (CBI) or other information regarding the applicability of this action normal hours of operation (8:30 a.m. to whose disclosure is restricted by statute. to a particular entity, consult the person 4 p.m., Monday through Friday, Certain other material, such as listed under FOR FURTHER INFORMATION excluding legal holidays). Special copyrighted material, is not placed on CONTACT. arrangements should be made for

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deliveries of boxed information. The www.ntis.gov/. Electronic copies of should be zero, and to disallow the use Docket telephone number is (703) 305– REDs and TREDs are available on the of numerous toxic chemicals. 5805. internet at: http://www.epa.gov/ Agency Response. The private pesticides/reregistration/status.htm and citizen’s comment did not take issue II. Background in the pubic dockets EPA–HQ–OPP– with the Agency’s conclusion that A. What Action is the Agency Taking? 2007–0097 and also EPA–HQ–OPP– specific tolerances in the proposed rule should be revoked, established and/or In the Federal Register of June 6, 2007 2005–0266 (dodine); EPA–HQ–OPP– modified. The Agency conducts a (72 FR 31221) (FRL–8122–7), EPA 2004–0370 (endothall); EPA–HQ–OPP– detailed risk assessment to determine issued a proposed rule to revoke, 2004–0380 (dimethipin); EPA–HQ– whether establishing and/or increasing remove, modify, and establish certain OPP–2002–0159 (propyzamide); EPA– tolerances is safe; i.e., there is a tolerances and/or tolerance exemption HQ–OPP–2004–0346 (ethofumesate); reasonable certainty that no harm will for residues for the fungicides captan, EPA–HQ–OPP–2004–0385 (permethrin); EPA–HQ–OPP–2004–0167 (2,4-D); result from aggregate exposure to the dodine, and fenarimol; the herbicides EPA–HQ–OPP–2004–0296 (captan) and pesticide chemical residue in 2,4-D, DCPA, endothall, propyzamide, EPA–HQ–OPP–2002–0250 and EPA– accordance with FFDCA section 408, 21 ethofumesate, dimethipin and HQ–OPP–2005–0459 (fenarimol) at: U.S.C. 346a. Also, it is EPA’s general fomesafen; and the insecticide http://www.regulations.gov. practice to propose revocation of permethrin. Also, the proposal of June In this final rule, EPA is revoking tolerances for residues of pesticide 6, 2007 (72 FR 31221), provided a 60– certain tolerances and tolerance active ingredients on crop uses for day comment period which invited exemptions because these specific which FIFRA registrations no longer public comment for consideration and tolerances and exemptions correspond exist. In developing REDs and TREDs, for support of tolerance retention under to uses no longer current or registered EPA worked with stakeholders, the FFDCA standards. under FIFRA in the United States. The pesticide registrants, growers and other EPA is revoking, removing, tolerances revoked by this final rule are pesticide users, environmental and modifying, and establishing specific no longer necessary to cover residues of public health interests, the States, the tolerances for residues of the fungicides the relevant pesticides in or on U.S. Department of Agriculture (USDA), captan, dodine, and fenarimol; the domestically treated commodities or other Federal agencies, and others to herbicides 2,4-D, DCPA, endothall, commodities treated outside but develop voluntary measures or propyzamide, ethofumesate, dimethipin imported into the United States. It is regulatory controls needed to effectively and fomesafen; and the insecticide EPA’s general practice to revoke those reduce risks of concern. Such options permethrin in or on the commodities tolerances and tolerance exemptions for include voluntary cancellations of listed in the regulatory text. residues of pesticide active ingredients pesticide products or deletion of uses, EPA is finalizing these tolerance on crop uses for which there are no declaring certain uses ineligible or not actions in order to implement the active registrations under FIFRA, unless yet eligible and many other measures. tolerance recommendations made any person in comments on the Comment--permethrin: A comment during the reregistration and tolerance proposal indicates a need for the was received noting an inconsistency reassessment processes (including tolerance or tolerance exemption to for the permethrin tolerance proposed follow-up on canceled or additional cover residues in or on imported in/on leaf petioles subgroup 4B at 5.0 uses of pesticides). As part of these commodities or domestic commodities ppm. The Agency proposed a tolerance processes, EPA is required to determine legally treated. for permethrin in/on leaf petioles whether each of the amended tolerances Generally, EPA will proceed with the subgroup 4B at 5.0 ppm when there is meets the safety standard of the FQPA. revocation of these tolerances on the an existing tolerance for vegetable, leafy, The safety finding determination of grounds discussed in Unit II.A. if one of except brassica, group 4 at 20 ppm, ‘‘reasonable certainty of no harm’’ is the following conditions applies: which is inclusive of the leaf petiole discussed in detail in each 1. Prior to EPA’s issuance of a section subgroup 4B. To correct this Reregistration Eligibility Decision (RED) 408(f) order requesting additional data inconsistency, the commenter suggested and Report of the Food Quality or issuance of a section 408(d) or (e) either the proposed tolerance for leaf Protection Act (FQPA) Tolerance order revoking the tolerances on other petioles should be dropped or the Reassessment Progress and Risk grounds, commenters retract the vegetable, leafy, except brassica, group 4 Management Decision (TRED) for the comment identifying a need for the should be changed to leafy greens active ingredient. REDs and TREDs tolerance to be retained. subgroup 4A. recommend certain tolerance actions to 2. EPA independently verifies that the Agency Response: The Agency be implemented to reflect current use tolerance is no longer needed. proposed a tolerance of 5.0 ppm in/on patterns, to meet safety findings, and 3. The tolerance is not supported by leaf petioles subgroup 4B based on change commodity names and data that demonstrate that the tolerance available field trial data that indicate groupings in accordance with new EPA meets the requirements under FQPA. residues of permethrin as high as 4.0 policy. Printed copies of many REDs This final rule does not revoke those ppm in/on celery. The crop group and TREDs may be obtained from EPA’s tolerances for which EPA received tolerance in/on vegetable, leafy, except National Service Center for comments stating a need for the brassica, group 4 at 20 ppm was already Environmental Publications (EPA/ tolerance to be retained. In response to in place and is inclusive of the leaf NSCEP), P.O. Box 42419, Cincinnati, the proposal published in the Federal petioles subgroup 4B. Based on the OH 45242–2419; telephone: 1 (800) Register of June 6, 2007 (72 FR 31221), proposal, tolerances of both 5.0 ppm 490–9198; fax: 1 (513) 489–8695; EPA received two comments during the and 20 ppm would exist on the internet at http://www.epa.gov/ 60–day public comment period, as commodities that are in both the leaf ncepihom/ and from the National follows: petioles subgroup 4B and the vegetable, Technical Information Service (NTIS), Comment--general. A comment was leafy, except brassica, group 4, 5285 Port Royal Road, Springfield, VA received from a private citizen that inadvertently creating an inconsistency. 22161; telephone: 1 (800) 553–6847 or expressed concern with pesticide To correct this inconsistency, the (703) 605–6000; internet at: http:// residues in general, that tolerance levels Agency agrees with the commenter that

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the existing permethrin tolerance and REDs state conditions under which residues of these pesticides in or on expression in/on vegetable, leafy, except these uses and products will be eligible such food shall not render the food brassica, group 4 at 20 ppm should be for reregistration. The REDs and TREDs adulterated so long as it is shown to the revised to leafy greens subgroup 4A at recommended the establishment, satisfaction of the Food and Drug 20 ppm and establish the tolerance in/ modification, and/or revocation of Administration that: (1) The residue is on leaf petioles subgroup 4B at 5.0 ppm specific tolerances. RED and TRED present as the result of an application or as proposed. recommendations such as establishing use of the pesticide at a time and in a The Agency did not receive comments or modifying tolerances, and in some manner that was lawful under FIFRA, on the following chemicals: Captan, 2,4- cases revoking tolerances, are the result and (2) the residue does not exceed the D, DCPA, dodine, dimethipin, of assessment under the FQPA standard level that was authorized at the time of endothall, ethofumesate, fenarimol, and of ‘‘reasonable certainty of no harm.’’ the application or use to be present on formesafen. Therefore, the Agency is However, tolerance revocations the food under a tolerance or exemption finalizing, with the exception of the recommended in REDs and TREDs that from a tolerance. Evidence to show that fenarimol tolerance, the amendments are made final in this document do not food was lawfully treated may include proposed in the Federal Register of June need such assessment when the records that verify the dates that the 6, 2007 (72 FR 31221). The fenarimol tolerances are no longer necessary. pesticide was applied to such food. tolerance on apple proposed at 0.3 ppm EPA’s general practice is to propose cannot be finalized at this time due to revocation of tolerances for residues of III. Are the Actions Consistent with changes that have occurred that may pesticide active ingredients on crops for International Obligations? affect the risk assessment for this which FIFRA registrations no longer The tolerance revocations in this final chemical. For a detailed discussion of exist and on which the pesticide may rule are not discriminatory and are the Agency’s rationale for the therefore no longer be used in the designed to ensure that both establishments, revocations, and United States. Nonetheless, EPA will domestically produced and imported modifications to the tolerances, refer to establish and maintain tolerances even foods meet the food safety standard the June 6, 2007proposed rule. when corresponding domestic uses are established by the FFDCA. The same canceled if the tolerances, which EPA food safety standards apply to B. What is the Agency’s Authority for refers to as ‘‘import tolerances,’’ are domestically produced and imported Taking this Action? necessary to allow importation into the foods. EPA may issue a regulation United States of food containing such In making its tolerance decisions, EPA establishing, modifying, or revoking a pesticide residues. However, where seeks to harmonize U.S. tolerances with tolerance under FFDCA section 408(e). there are no imported commodities that international standards whenever In this final rule, EPA is establishing, require these import tolerances, the possible, consistent with U.S. food modifying, and revoking tolerances to Agency believes it is appropriate to safety standards and agricultural implement the tolerance revoke tolerances for unregistered practices. EPA considers the recommendations made during the pesticides in order to prevent potential international maximum residue levels reregistration and tolerance misuse. (MRLs) established by the Codex reassessment processes, and as follow- When EPA establishes tolerances for Alimentarius Commission, as required up on canceled uses of pesticides. As pesticide residues in or on raw by section 408(b)(4) of the FFDCA. The part of these processes, EPA is required agricultural commodities, the Agency Codex Alimentarius is a joint U.N. Food to determine whether each of the gives consideration to possible pesticide and Agriculture Organization/World amended tolerances meets the safety residues in meat, milk, poultry, and/or Health Organization food standards standards under FQPA. The safety eggs produced by animals that are fed program, and it is recognized as an finding determination is found in detail agricultural products (for example, grain international food safety standards- in each RED and TRED for the active or hay) containing pesticides residues setting organization in trade agreements ingredient. REDs and TREDs (40 CFR 180.6). If there is no reasonable to which the United States is a party. recommend the implementation of expectation of finite pesticide residues EPA may establish a tolerance that is certain tolerance actions, including in or on meat, milk, poultry, or eggs, different from a Codex MRL; however, modifications to reflect current use then tolerances do not need to be FFDCA section 408(b)(4) requires that patterns, to meet safety findings, and established for these commodities (40 EPA explain the reasons for departing change commodity names and CFR 180.6(b) and180.6(c)). from the Codex level in a notice groupings in accordance with new EPA published for public comment. EPA’s policy. Printed and electronic copies of C. When Do These Actions Become effort to harmonize with Codex MRLs is the REDs and TREDs are available as Effective? summarized in the tolerance provided in Unit II.A. of the proposed These actions become effective on the reassessment section of individual REDs rule. date of publication of this final rule in and TREDs, and in the Residue EPA has issued post-FQPA REDs for the Federal Register because their Chemistry document which supports 2,4-D, dodine, DCPA, endothall, associated uses have been canceled for the RED and TRED, as mentioned in ethofumesate, permethrin, and several years. The Agency believes that Unit II.A. Specific tolerance actions in dimethipin, and TREDs for captan, treated commodities have had sufficient this final rule and how they compare to propyzamide, and fenarimol, whose time for passage through the channels of Codex MRLs (if any) are discussed in REDs were both completed prior to trade. Unit II.A. of the proposed rule. FQPA. REDs and TREDs contain the Any commodities listed in the Agency’s evaluation of the data base for regulatory text of this document that are IV. Statutory and Executive Order these pesticides, including statements treated with the pesticides subject to Reviews regarding additional data on the active this final rule, and that are in the In this final rule, EPA is establishing ingredients that may be needed to channels of trade following the tolerances under FFDCA section 408(e), confirm the potential human health and tolerance revocations, shall be subject to and modifying and revoking specific environmental risk assessments FFDCA section 408(1)(5), as established tolerances established under FFDCA associated with current product uses, by the FQPA. Under this section, any section 408. The Office of Management

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and Budget (OMB) has exempted these that this action will not have a the relationship between the Federal types of actions (e.g., establishment and significant negative economic impact on Government and the Indian tribes, or on modification of a tolerance and a substantial number of small entities. the distribution of power and tolerance revocation for which In a memorandum dated May 25, 2001, responsibilities between the Federal extraordinary circumstances do not EPA determined that eight conditions Government and Indian tribes.’’ This exist) from review under Executive must all be satisfied in order for an final rule will not have substantial Order 12866, entitledRegulatory import tolerance or tolerance exemption direct effects on tribal governments, on Planning and Review (58 FR 51735, revocation to adversely affect a the relationship between the Federal October 4, 1993). Because this final rule significant number of small entity Government and Indian tribes, or on the has been exempted from review under importers, and that there is a negligible distribution of power and Executive Order 12866 due to its lack of joint probability of all eight conditions responsibilities between the Federal significance, this final rule is not subject holding simultaneously with respect to Government and Indian tribes, as to Executive Order 13211, Actions any particular revocation. (This Agency specified in Executive Order 13175. Concerning Regulations That document is available in the docket of Thus, Executive Order 13175 does not Significantly Affect Energy Supply, this final rule). Furthermore, for the apply to this final rule. Distribution, or Use (66 FR 28355, May pesticides named in this final rule, the List of Subjects in 40 CFR Part 180 22, 2001). This final rule does not Agency knows of no extraordinary contain any information collections circumstances that exist that would Environmental protection, subject to OMB approval under the change EPA’s previous analysis. In Administrative practice and procedure, Paperwork Reduction Act (PRA), 44 addition, the Agency has determined Agricultural commodities, Pesticides U.S.C. 3501 et seq., or impose any that this action will not have a and pests, Reporting and recordkeeping enforceable duty or contain any substantial direct effect on States, on the requirements. unfunded mandate as described under relationship between the national Dated: August 27, 2007. Title II of the Unfunded Mandates government and the States, or on the Debra Edwards, Reform Act of 1995 (UMRA) (Public distribution of power and Director, Office of Pesticide Programs. Law 104–4). Nor does it require any responsibilities among the various special considerations as required by levels of government, as specified in Therefore, 40 CFR chapter I is Executive Order 12898, entitled Federal Executive Order 13132, amended as follows: Actions to Address Environmental entitledFederalism (64 FR 43255, Justice in Minority Populations and August 10, 1999). Executive Order PART 180—[AMENDED] Low-Income Populations (59 FR 7629, 13132 requires EPA to develop an I 1. The authority citation for part 180 February 16, 1994); or OMB review or accountable process to ensure continues to read as follows: any other Agency action under ‘‘meaningful and timely input by State Executive Order 13045, entitled and local officials in the development of Authority: 21 U.S.C. 321(q), 346a and 371. Protection of Children from regulatory policies that have federalism I 2. Section 180.103 is revised to read Environmental Health Risks and Safety implications.’’ ‘‘Policies that have as follows: Risks (62 FR 19885, April 23, 1997). federalism implications’’ is defined in This action does not involve any the Executive Order to include § 180.103 Captan; tolerances for residues. technical standards that would require regulations that have ‘‘substantial direct (a)(1) General. Tolerances are Agency consideration of voluntary effects on the States, on the relationship established for residues of the fungicide, consensus standards pursuant to section between the national government and captan (N-trichloromethylthio-4- 12(d) of the National Technology the States, or on the distribution of cyclohexene-1,2-dicarboximide) in or on Transfer and Advancement Act of 1995 power and responsibilities among the the following commodities: (NTTAA), Public Law 104–113, section various levels of government.’’ This 12(d) (15 U.S.C. 272 note). Pursuant to final rule directly regulates growers, Commodity Parts per the Regulatory Flexibility Act (RFA) (5 food processors, food handlers and food million U.S.C. 601 et seq.), the Agency retailers, not States. This action does not Almond ...... 0.25 previously assessed whether alter the relationships or distribution of Almond, hulls ...... 75.0 establishment of tolerances, exemptions power and responsibilities established Animal feed, nongrass, group from tolerances, raising of tolerance by Congress in the preemption 18 ...... 0.05 levels, expansion of exemptions, or provisions of section 408(n)(4) of the Apple ...... 25.0 revocations might significantly impact a FFDCA. For these same reasons, the Apricot ...... 10.0 substantial number of small entities and Agency has determined that this final Blueberry ...... 20.0 rule does not have any ‘‘tribal Caneberry, subgroup 13A ...... 25.0 concluded that, as a general matter, Cherry, sweet ...... 50.0 these actions do not impose a significant implications’’ as described in Executive Cherry, tart ...... 50.0 economic impact on a substantial Order 13175, entitled Consultation and Cotton, undelinted seed ...... 0.05 number of small entities. These analyses Coordination with Indian Tribal Dill, seed ...... 0.05 for tolerance establishments and Governments (65 FR 67249, November Flax, seed ...... 0.05 modifications, and for tolerance 6, 2000). Executive Order 13175, Grape ...... 25.0 revocations were published on May 4, requires EPA to develop an accountable Grain, cereal, forage, fodder 1981 (46 FR 24950) and on December process to ensure ‘‘meaningful and and straw, group 16 ...... 0.05 17, 1997 (62 FR 66020), respectively, timely input by tribal officials in the Grain, cereal, group 15 ...... 0.05 development of regulatory policies that Grass, forage ...... 0.05 and were provided to the Chief Counsel Grass, hay ...... 0.05 for Advocacy of the Small Business have tribal implications.’’ ‘‘Policies that Nectarine ...... 25.0 Administration. Taking into account have tribal implications’’ is defined in Okra ...... 0.05 this analysis, and available information the Executive Order to include Peach ...... 15.0 concerning the pesticides listed in this regulations that have ‘‘substantial direct Peanut ...... 0.05 final rule, the Agency hereby certifies effects on one or more Indian tribes, on Peanut, hay ...... 0.05

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Parts per Parts per Parts per Commodity million Commodity million Commodity million

Pear ...... 25.0 Almond hulls ...... 0.1 Vegetable, root and tuber, ex- Plum, prune, fresh ...... 10.0 Asparagus ...... 5.0 cept potato, group 1 ...... 0.1 Rapeseed, forage ...... 0.05 Barley, bran ...... 4.0 Wheat, bran ...... 4.0 Rapeseed, seed ...... 0.05 Barley, grain ...... 2.0 Wheat, forage ...... 25 Safflower, seed ...... 0.05 Barley, straw ...... 50 Wheat, grain ...... 2.0 Sesame, seed ...... 0.05 Berry, group 13 ...... 0.2 Wheat, straw ...... 50 Strawberry ...... 20.0 Cattle, fat ...... 0.3 Sunflower, seed ...... 0.05 Cattle, kidney ...... 4.0 (b) Section 18 emergency exemptions. Vegetable, brassica leafy, Cattle, meat ...... 0.3 [Reserved] group 5 ...... 0.05 Cattle, meat byproducts, except (c) Tolerances with regional kidney ...... 0.3 Vegetable, bulb, group 3 ...... 0.05 registrations. Tolerances with regional Vegetable, cucurbit, group 9 .... 0.05 Corn, field, forage ...... 6.0 Vegetable, foliage of legume, Corn, field, grain ...... 0.05 registration, as defined in § 180.1(m), group 7 ...... 0.05 Corn, field, stover ...... 50 are established for residues of the Vegetable, fruiting, group 8 ...... 0.05 Corn, pop, grain ...... 0.05 herbicide, plant regulator, and fungicide Vegetable, leafy, except bras- Corn, pop, stover ...... 50 2,4-D (2,4-dichlorophenoxyacetic acid), sica, group 4 ...... 0.05 Corn, sweet, forage ...... 6.0 both free and conjugated, determined as Vegetable, leaves of root and Corn, sweet, kernel plus cob the acid, in or on the following food tuber, group 2 ...... 0.05 with husks removed ...... 0.05 commodities: Vegetable, legume, group 6 ..... 0.05 Corn, sweet, stover ...... 50 Fish ...... 0.1 Vegetable, root and tuber, Parts per group 1 ...... 0.05 Fruit, citrus, group 10 ...... 3.0 Commodity million Fruit, pome, group 11 ...... 0.1 Fruit, stone, group 12 ...... 0.1 Rice, wild, grain ...... 0.05 (2) Tolerances are established for the Goat, fat ...... 0.3 combined residues of the fungicide, Goat, kidney ...... 4.0 captan (N-trichloromethylthio-4- Goat, meat ...... 0.3 (d) Indirect or inadvertent residues. cyclohexene-1,2-dicarboximide) and its Goat, meat byproducts, except Tolerances are established for indirect metabolite 1,2,3,6- kidney ...... 0.3 or inadvertent residues of the herbicide, tetrahydrophthalimide (THPI), Grain, aspirated fractions ...... 40 plant regulator, and fungicide 2,4-D measured at THPI, in or on the Grape ...... 0.1 (2,4-dichlorophenoxyacetic acid), both following commodities: Grass, forage ...... 360 free and conjugated, determined as the Grass, hay ...... 300 acid, in or on the following food Hop, dried cones ...... 0.2 commodities: Parts per Horse, fat ...... 0.3 Commodity million Horse, kidney ...... 4.0 Commodity Parts per Cattle, fat ...... 0.15 Horse, meat ...... 0.3 million Cattle, meat ...... 0.20 Horse, meat byproducts, except Cattle, meat byproducts ...... 0.30 kidney ...... 0.3 Animal feed, nongrass, group Goat, fat ...... 0.15 Millet, forage ...... 25 18 ...... 0.2 Goat, meat ...... 0.20 Millet, grain ...... 2.0 Avocado ...... 0.05 Goat, meat byproducts ...... 0.30 Millet, straw ...... 50 Cotton, undelinted seed ...... 0.05 Hog, fat ...... 0.15 Milk ...... 0.05 Dill, seed ...... 0.05 Hog, meat ...... 0.20 Nut, tree, group 14 ...... 0.2 Okra ...... 0.05 Hog, meat byproducts ...... 0.30 Oat, forage ...... 25 Vegetable, brassica leafy, Horse, fat ...... 0.15 Oat, grain ...... 2.0 group 5 ...... 0.4 Horse, meat ...... 0.20 Oat, straw ...... 50 Vegetable, bulb, group 3 ...... 0.05 Horse, meat byproducts ...... 0.30 Pistachio ...... 0.05 Vegetable, cucurbit, group 9 .... 0.05 Milk ...... 0.10 Potato ...... 0.4 Vegetable, foliage of legume, Sheep, fat ...... 0.15 Rice, grain ...... 0.5 group 7 ...... 0.2 Sheep, meat ...... 0.20 Rice, hulls ...... 2.0 Vegetable, fruiting, group 8 ...... 0.05 Sheep, meat byproducts ...... 0.30 Rice, straw ...... 10 Vegetable, leafy, except bras- Rye, bran ...... 4.0 sica, group 4 ...... 0.4 Rye, forage ...... 25 Vegetable, legume, group 6 ..... 0.05 (b) Section 18 emergency exemptions. Rye, grain ...... 2.0 [Reserved] Rye, straw ...... 50 I 4. Section 180.172 is revised to read Sheep, fat ...... 0.3 (c) Tolerances with regional as follows: registrations. [Reserved] Sheep, kidney ...... 4.0 Sheep, meat ...... 0.3 § 180.172 Dodine; tolerances for residues. (d) Indirect or inadvertent residues. Sheep, meat byproducts, ex- [Reserved] cept kidney ...... 0.3 (a) General. Tolerances are I 3. Section 180.142 is revised to read Shellfish ...... 1.0 established for the fungicide dodine (n- as follows: Sorghum, grain, forage ...... 0.2 dodecylguanidine acetate) in or on the Sorghum, grain, grain ...... 0.2 following food commodities: § 180.142 2,4-D; tolerances for residues. Sorghum, grain, stover ...... 0.2 Soybean, forage ...... 0.02 (a) General. Tolerances are Commodity Parts per established for residues of the herbicide, Soybean, hay ...... 2.0 million Soybean, seed ...... 0.02 plant regulator, and fungicide 2,4-D Strawberry ...... 0.1 Apple ...... 5.0 (2,4-dichlorophenoxyacetic acid), both Sugarcane, cane ...... 0.05 Apple, wet pomace ...... 15.0 free and conjugated, determined as the Sugarcane, molasses ...... 0.2 Cherry, sweet ...... 3.0 acid, in or on the following food Vegetable, leaves of root and Cherry, tart ...... 3.0 commodities: tuber, group 2 ...... 0.1 Peach ...... 5.0

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Parts per Parts per § 180.317 Propyzamide; tolerances for Commodity million Commodity million residues. (a) General. Tolerances are Pear ...... 5.0 Basil, dried leaves ...... 20.0 established for the combined residues of Pecan ...... 0.3 Basil, fresh leaves ...... 5.0 the herbicide propyzamide and its Strawberry ...... 5.0 Bean, dry ...... 2.0 Walnut ...... 0.3 Bean, mung, seed ...... 2.0 metabolites (containing the 3,5- Bean, snap, succulent ...... 2.0 dichlorobenzoyl moiety calculated as (b) Section 18 emergency exemptions. Celeriac ...... 2.0 3,5-dichloro-N-(1,1-dimethyl-2- [Reserved] Chicory, roots ...... 2.0 propynyl)benzamide) in or on the (c) Tolerances with regional Chicory, tops ...... 5.0 following food commodities: registrations. [Reserved] Chive ...... 5.0 (d) Indirect or inadvertent residues. Coriander, leaves ...... 5.0 Parts per Corn, field, forage ...... 0.4 Commodity million [Reserved] I Corn, field, grain ...... 0.05 5. Section 180.185 is revised to read Corn, field, stover ...... 0.4 Alfalfa, seed ...... 10.0 as follows: Corn, pop, forage ...... 0.4 Animal feed, nongrass, group Corn, pop, grain ...... 0.05 18 ...... 10.0 § 180.185 DCPA; tolerances for residues. Corn, pop, stover ...... 0.4 Apple ...... 0.1 (a) General. Tolerances for the Corn, sweet, forage ...... 0.4 Artichoke, globe ...... 0.01 combined residues of the herbicide Corn, sweet, kernel plus cob Blackberry ...... 0.05 dimethyl tetrachloroterephthalate with husks removed ...... 0.05 Blueberry ...... 0.05 (DCPA) and its metabolites Corn, sweet, stover ...... 0.4 Boysenberry ...... 0.05 monomethyltetrachloroterephthalate Cotton, undelinted seed ...... 0.2 Cattle, fat ...... 0.2 (MTP) and tetrachloroterephthalic acid Cucumber ...... 1.0 Cattle, kidney ...... 0.4 (TCP) (calculated as dimethyl Dill ...... 5.0 Cattle, liver ...... 0.4 Eggplant ...... 1.0 Cattle, meat ...... 0.02 tetrachloroterephthalate) are established Lettuce ...... 2.0 Cattle, meat byproducts, except in or on the following food Marjoram ...... 5.0 kidney and liver ...... 0.02 commodities: Parsley, dried leaves ...... 20.0 Egg ...... 0.02 Parsley, leaves ...... 5.0 Endive ...... 1.0 Commodity Parts per Pea, blackeyed, seed ...... 2.0 Fruit, stone, group 12 ...... 0.1 million Pepper ...... 2.0 Goat, fat ...... 0.2 Pimento ...... 2.0 Goat, kidney ...... 0.4 Cantaloupe ...... 1.0 Potato ...... 2.0 Goat, liver ...... 0.4 Garlic ...... 1.0 Radicchio ...... 5.0 Goat, meat ...... 0.02 Ginseng ...... 2.0 Radish, oriental, roots ...... 2.0 Goat, meat byproducts, except Horseradish ...... 2.0 Radish, oriental, tops ...... 2.0 kidney and liver ...... 0.02 Muskmelon ...... 1.0 Rutabaga ...... 2.0 Grape ...... 0.1 Onion, bulb ...... 1.0 Soybean ...... 2.0 Strawberry ...... 2.0 Hog, fat ...... 0.2 Squash, summer ...... 1.0 Hog, kidney ...... 0.4 Tomato ...... 1.0 Squash, winter ...... 1.0 Watermelon ...... 1.0 Hog, liver ...... 0.4 Sweet potato ...... 2.0 Hog, meat ...... 0.02 Turnip, roots ...... 2.0 Hog, meat byproducts, except (b) Section 18 emergency exemptions. Turnip, tops ...... 5.0 kidney and liver ...... 0.02 [Reserved] Vegetable, brassica, leafy, Horse, fat ...... 0.2 (c) Tolerances with regional group 5 ...... 5.0 Horse, kidney ...... 0.4 registrations. Tolerances with regional Yam, true, tuber ...... 2.0 Horse, liver ...... 0.4 registration, as defined in § 180.1(m), Horse, meat ...... 0.02 are established for the combined I 6. Section 180.293 is amended by Horse, meat byproducts, except inadvertent residues of the herbicide revising paragraph (a)(1) to read as kidney and liver ...... 0.02 dimethyl tetrachloroterephthalate follows: Lettuce, head ...... 1.0 Milk ...... 0.02 (DCPA) and its metabolites monomethyl § 180.293 Endothall; tolerances for tetrachloroterephthalate acid (MTP) and Pear ...... 0.1 residues. Poultry, fat ...... 0.02 terachlorophthalic acid (TCP) (a) General. (1) Tolerances are Poultry, liver ...... 0.2 (calculated as DCPA) in or on the established for the combined residues of Poultry, meat ...... 0.02 following food commodities: endothall, 7-oxabicyclo [2, 2, 1] Poultry, meat byproducts, ex- cept liver ...... 0.02 Parts per heptane-2, 3-dicarboxylic acid and its Commodity monomethyl ester in or on the following Radicchio ...... 2.0 million Raspberry ...... 0.05 food commodities: Sheep, fat ...... 0.2 Radish, roots ...... 2.0 Sheep, kidney ...... 0.4 Radish, tops ...... 15.0 Parts per Sheep, liver ...... 0.4 Commodity million Sheep, meat ...... 0.02 (d) Indirect or inadvertent residues. Sheep, meat byproducts, ex- Cotton, undelinted seed ...... 0.1 Tolerances are established for the cept kidney and liver ...... 0.02 combined indirect or inadvertent Fish 0.1 Hop, dried cones ...... 0.1 residues of the herbicide dimethyl Potato ...... 0.1 (b) Section 18 emergency exemptions. tetrachloroterephthalate (DCPA) and its Rice, grain ...... 0.05 Time-limited tolerances are established metabolites monomethyl Rice, straw 0.05 for the combined residues of the tetrachloroterephthalate acid (MTP) and herbicide propyzamide and its terachlorophthalic acid (TCP) * * * * * metabolites (containing the 3,5- (calculated as DCPA) in or on the I 7. Section 180.317 is revised to read dichlorobenzoyl moiety calculated as following food commodities: as follows: 3,5-dichloro-N-(1,1-dimethyl-2-

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propynyl)benzamide) in or on the Parts per Parts per following food commodities: Commodity million Commodity million

Expiration/ Goat, fat ...... 0.05 Horse, meat ...... 0.10 Parts per Goat, meat ...... 0.05 Horse, meat byproducts ...... 0.10 Commodity million Revocation Date Goat, meat byproducts ...... 0.05 Horseradish ...... 0.50 Grass, straw ...... 1.0 Kiwifruit ...... 2.0 Cranberry ...... 0.05 12/31/09 Horse, fat ...... 0.05 Leaf petioles subgroup 4B ...... 5.0 Horse, meat ...... 0.05 Leafy greens subgroup 4A ...... 20 (c) Tolerances with regional Horse, meat byproducts ...... 0.05 Lettuce, head ...... 20 registrations. Tolerances with regional Onion, bulb ...... 0.25 Milk, fat (reflecting 0.88 ppm in registration, as defined in § 180.1(m) are Shallot, bulb ...... 0.25 whole milk) ...... 3.0 established for the combined residues of Shallot, fresh leaves ...... 0.25 Mushroom ...... 5.0 Sheep, fat ...... 0.05 the herbicide propyzamide and its Onion, bulb ...... 0.10 Sheep, meat ...... 0.05 Peach ...... 1.0 metabolites (containing the 3,5- Sheep, meat byproducts 0.05 Pepper, bell ...... 0.50 dichlorobenzoyl moiety calculated as Pistachio ...... 0.10 3,5-dichloro-N-(1,1-dimethyl-2- * * * * * Potato ...... 0.05 propynyl)benzamide) in or on the I 9. Section 180.378 is revised to read Poultry, fat ...... 0.15 following food commodities: as follows: Poultry, meat ...... 0.05 Poultry, meat byproducts ...... 0.05 § 180.378 Permethrin; tolerances for Sheep, fat ...... 1.5 Commodity Parts per million residues. Sheep, meat ...... 0.10 (a) General. Tolerances are Sheep, meat byproducts ...... 0.10 Pea, field, seed ...... 0.05 established for the combined residues of Soybean, seed ...... 0.05 Rhubarb ...... 0.1 Spinach ...... 20 the insecticide cis- and trans-permethrin Tomato ...... 2.0 (d) Indirect or inadvertent residues. isomers [cis-(3-phenoxyphenyl)methyl Vegetable, cucurbit, group 9 .... 1.5 Tolerances are established for the 3-(2,2-dichloroethenyl)-2,2- Walnut ...... 0.05 combined indirect or inadvertent dimethylcyclopropane carboxylate] and Watercress ...... 5.0 residues of the herbicide propyzamide [trans-(3-phenoxyphenyl)methyl 3-(2,2- and its metabolites (containing the 3,5- dichloroethenyl)-2,2- (b) Section 18 emergency exemptions. dichlorobenzoyl moiety calculated as dimethylcyclopropane carboxylate] in/ [Reserved] 3,5-dichloro-N-(1,1-dimethyl-2- on the following food commodities: (c) Tolerances with regional propynyl)benzamide) in or on the registrations. Tolerances with regional Parts per following food commodities: Commodity registration, as defined in § 180.1(m) are million established for the combined residues of the insecticide cis- and trans-permethrin Commodity Parts per Alfalfa, forage ...... 20 million Alfalfa, hay ...... 45 isomers [cis-(3-phenoxyphenyl)methyl Almond ...... 0.05 3-(2,2-dichloroethenyl)-2,2- Grain, cereal, forage, group 16 0.6 Almond, hulls ...... 20 dimethylcyclopropane carboxylate] and Grain, cereal, hay, group 16 .... 0.2 Artichoke, globe ...... 5.0 [trans-(3-phenoxyphenyl)methyl 3-(2,2- Grain, cereal, straw, group 16 .. 0.3 Asparagus ...... 2.0 dichloroethenyl)-2,2- Avocado ...... 1.0 I 8. Section 180.345 is amended by dimethylcyclopropane carboxylate] in/ Broccoli ...... 2.0 on the following food commodities: revising paragraph (a) to read as follows: Brussels sprouts ...... 1.0 Cabbage ...... 6.0 § 180.345 Ethofumesate; tolerances for Parts per Cattle, fat ...... 1.5 Commodity million residues. Cattle, meat ...... 0.10 (a) General. Tolerances for the Cattle, meat byproducts ...... 0.10 Collards ...... 15 combined residues of the herbicide Cauliflower ...... 0.5 Grass, forage ...... 15 ethofumesate (2-ethoxy-2,3-dihydro-3,3- Cherry, sweet ...... 4.0 Grass, hay ...... 15 dimethyl-5-benzofuranyl Cherry, tart ...... 4.0 Papaya ...... 1.0 methanesulfonate) and its metabolites 2- Corn, field, forage ...... 50 Turnip, tops ...... 10 Corn, field, grain ...... 0.05 Turnip, roots ...... 0.20 hydroxy-2,3-dihydro-3,3-dimethyl-5- Corn, field, stover ...... 30 benzofuranyl methanesulfonate and 2,3- Corn, pop, grain ...... 0.05 dihydro-3,3-dimethyl-2-oxo-5- Corn, pop, stover ...... 30 (d) Indirect or inadvertent residues. benzofuranyl methanesulfonate both Corn, sweet, forage ...... 50 [Reserved] I calculated as parent compound in or on Corn, sweet, kernel plus cob 10. Section 180.406 is amended by the following food commodities: with husks removed ...... 0.10 revising the table in paragraph (a) to Corn, sweet, stover ...... 30 read as follows: Parts per Egg ...... 0.10 Commodity million Eggplant ...... 0.50 § 180.406 Dimethipin; tolerances for Fruit, pome, group 11 ...... 0.05 residues. Beet, garden, roots ...... 0.5 Garlic, bulb ...... 0.10 (a) General. *** Beet, garden, tops ...... 5.0 Grain, aspirated fractions ...... 0.50 Beet, sugar, molasses ...... 0.5 Goat, fat ...... 1.5 Commodity Parts per Beet, sugar, refined sugar ...... 0.2 Goat, meat ...... 0.10 million Beet, sugar, roots ...... 0.3 Goat, meat byproducts ...... 0.10 Beet, sugar, tops ...... 4.0 Hazelnut ...... 0.05 Cattle, meat ...... 0.01 Cattle, fat ...... 0.05 Hog, fat ...... 0.05 Cattle, meat byproducts ...... 0.01 Cattle, meat ...... 0.05 Hog, meat ...... 0.05 Cotton, undelinted seed ...... 0.50 Cattle, meat byproducts ...... 0.05 Hog, meat byproducts ...... 0.05 Goat, meat ...... 0.01 Garlic ...... 0.25 Horse, fat ...... 1.5 Goat, meat byproducts ...... 0.01

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Parts per * * * * * Parts per Commodity million Commodity million I 11. Section 180.433 is amended by Hog, meat ...... 0.01 revising the entries for ‘‘Bean, dry’’ and Bean, dry ...... 0.05 Hog, meat byproducts ...... 0.01 ‘‘Bean, snap, succulent’’ in the table in Bean, snap, succulent ...... 0.05 ***** Horse, meat ...... 0.01 paragraph (a) to read as follows: Horse, meat byproducts ...... 0.01 Sheep, meat ...... 0.01 § 180.433 Fomesafen; tolerances for * * * * * Sheep, meat byproducts ...... 0.01 residues. [FR Doc. E7–17982 Filed 9–11–07; 8:45 am] (a) General. * * * BILLING CODE 6560–50–S

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